MADAN Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) MADAN Petitioner has come up in revision against the order dated 8th July, 1991, passed by the learned Addl. Sessions Judge, Rohtak vide which he set aside the conviction and sentence passed against him by Addl. Chief Judicial Magistrate and remanded the case for Ex-trial.

(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 20 kg of milk for sale and on analysis of the sample purchased by the Food Inspector, the deficiency in milk was found to be 10 per cent in milk fat and 8 per cent in milk solids not fat.

(3.) HOWEVER , there is another aspect of the case. The sample was drawn on 9-12-83 and the prosecution has, thus, been going on for almost 8 years. The petitioner has a right to a speedy trial. A Full Bench of Patna High Court in Madheshwardhari Singh & Anr. v. State of Bihar, 1990(3) RCR(Crl.) 302 (Patna) : 1986 Cri. 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.