SIKANDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) SIKANDER petitioner has come up in revision against the order dated 15.9.1990, passed by the learned Addl. Sessions Judge, Hissar, vide which he set aside the conviction and sentence passed against him by the Sub Divisional Judicial Magistrate, Fatehbad, and remanded the case for retrial.

(2.) THE petitioner was tried on the basis of a complaint for an offence under Section 7 (1) read with Section 16 (1) (a)(i) of the Prevention of food Adulteration Act, on the allegations that he was found in possession of 25 litres of cow milk for sale and on analysis of the sample purchased by 'Food Inspector, the deficiency in milk was found to be 7.1 per cent in solids not fat and the milk was deficient in 16.5 per cent of the minimum prescribed standard.

(3.) A Full Bench of Patna High Court in Madeshwardhari Singh and anr. v. State of Bihar, 1990(3) Recent Criminal Reports 302 (FB) : 1986 Crl. LJ 1771 held that the right of a speedy trial is now an inalienable fundamental right of a citizen under Article 21 of the Constitution of India. A delay of seven years in an investigation and trial in a criminal case is the outer limit for concluding the proceedings in cases which are not punishable with imprisonment for life or death.