KRISHAN LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a petition under section 482 of the Code of Criminal Procedure, 1973, challenging the order of remand of the Additional Sessions Judge, Karnal, dated 16th March, 1990, requiring re-trial of Krishan Lal in a case under section 16(l)(a)(i) of the Prevention of Food Adulteration Act, 1954.

(2.) The sample of milk was taken by purchase in this case on 26-2-1986. It was found deficient in respect of milk fat and the procedure of warrant case was adopted by the Trial Court and conviction recorded on 1-2-1989. While setting aside the conviction, re-trial has been ordered on 16-2-1990 by the learned Additional Sessions Judge.

(3.) On behalf of the petitioner, attention has been invited to Dharam Pal Vs. State of Haryana 1990 (2) FAC 131:1990(2) CLR 484, and it has been urged that here also, it may be a kind of abuse of the process of the Court to hold a re-trial where sample of milk was taken long ago on 26-2-1986 from a tea-stall owner of bus stand, Karnal. This contention raised on behalf of the petitioner is accepted and the proceedings are hereby quashed. Proceedings quashed.