JASWANT SINGH Vs. U.T.CHANDIGARH

JUDGEMENT

(1.) Around 10.00 A.M. on 9th Jan., 1985 accused petitioner Jaswant Singh was found carrying 10 litres of cow milk for sale in sector 34, Chandigarh. The sample taken therefrom by Food Inspector M.K.Sharma in the presence of P.W. Jagmohan was found to be adulterated on analysis by the public analyst vide his report Exhibit PE. Learned trial court convicted petitioner Jaswant Singh under section 16(i)(a)(i) read with section 7 of the Prevention of Food Adulteration Act and sentenced him to undergo rigorous imprisonment for a period of six months and to pay Rs. 1000.00 as fine. In default of payment of fine the accused was ordered to undergo rigorous imprisonment for a further period of three months. Appeal filed before the learned Addl. Sessions Judge, Chandigarh, was dismissed on 7th February,1990. Feeling aggrieved from the impugned judgment of the learned trial court and the Appellate Court, the petitioner has filed Criminal Revision No.75 of 1990 in this Court for assailing them.

(2.) I have heard Shri R.K. Garg, Advocate, for the petitioner, Shri Anand Swaroop, Senior Advocate, with Shri Sunidh Kashyap, Advocate, for the respondent, and have perused the entire record.

(3.) This Court has repeatedly held in Budh Ram Vs. State of Haryana, 1985 Criminal Law Times 372 , Brij Pal Vs. The State of Haryana, 1989(1)Chandigarh Law Reporter 568 and Mahabir Parshad Vs. The State of Haryana, 1989 Criminal Law Times 21 , "From the above, it is quite clear that the Legislature intended that all offences under Sec. 16(1) of the Act be tried summarily by specially authorised Magistrates, unless such a Magistrate in writing opines that the accused deserved greater dose of sentence and so he be tried in accordance with the procedure prescribed by Criminal Procedure Code. But the Judicial Magistrates can hold summary trial only if they are specially so empowered. So, unless they are specially so empowered the question of their holding summary trial would not arise. However, once the Judicial Magistrates are specially so empowered, then they cannot discriminate between one case and the other, they shall have to try every offence under Sec. 16(1) in the first instance in a summary way and if a given offence is such that the offender requires to be awarded greater sentence than could be awarded as a result of summary trial, then in that case after passing such an order in writing, would be entitled to try such offenders in accordance with the procedure prescribed by the Code for the given offence."