RAM CHANDER Vs. STATE THROUGH GOVT. FOOD INSPECTOR

JUDGEMENT

(1.) THIS is a criminal revision filed by Ram Chander and has been directed against the order dated 8.11.1990 passed by the Sessions Judge, Bhiwani, who allowed the appeal of Ram Chander against the judgment and order dated 17.10.1989 and 21.10.1989 respectively passed by Addl. Chief Judicial Magistrate, Bhiwani and instead of acquitting the petitioner remanded the case for re-trial with the direction to the Magistrate to adopt the procedure proscribed for trial of summary cases.

(2.) SOME facts can be noticed in the following manner :- On 29.7.1985 Food Inspector Abhey Ram visited the premises of the petitioner at 4.00 P.M. The petitioner had 100 bags of salt for sale with him. The Food Inspector purchased a sample of salt for the purpose of analysis. After the formalities, a sample was prepared. One portion of the sample was sent to the Public Analyst, who gave the report that the sample was adulterated. The complaint was filed. After recording the evidence of the complainant and the statement of the petitioner under Section 313 Cr.P.C. the trial Court found the petitioner guilty and convicted him vide judgment dated 17.10.1989. He was sentenced vide order dated 21.10.1989 to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 1,000/-. In default of payment of fine, the petitioner was directed to undergo rigorous imprisonment for a period of three months. Aggrieved by the said judgment and order, petitioner Ram Chander filed appeal before the first Appellate Court, which rightly came to the conclusion as per para No. 3 of the judgment that trial against the petitioner has not been conducted by the trial Court in accordance with law and it will be appropriate for me to reproduce para No. 3 of the order of the first Appellate Court, as follows :-

(3.) NOBODY has appeared on behalf of the petitioner. Mr. Rajinder Singh, District Attorney, appeared on behalf of the respondent and with his assistance I have gone through the record of this case.