AJIT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) ON August 5, 1986, Shri Sat Pal Malik, Food Inspector, Faridabad took a sample of coriander powder from Ajit Singh petitioner when the petitioner was found in possession of 4 kgs. of said powder, which was meant for public sale. The sample was got analysed and the Public Analyst, Karnal reported that the sample contained ash 8.4 percent and ash insoluble in dilute HCI 1.80 per cent as against the minimum prescribed standard of 7.0 per cent and 1.6 per cent respectively. The same contravened the provisions of Section 7 punishable under Section 16(1)(a) (i) of the Prevention of Food Adulteration Act (the Act for short). A complaint was filed in the court of Chief Judicial Magistrate, Faridabad for trial of the petitioner for that offence.

(2.) THE petitioner's presence could not be procured for about a period of 2 years after the filing of the complaint and he appeared in court only on 12.9.1988. On 31st October, 1988 in the presence of the petitioner Chief Judicial Magistrate, Faridabad passed an order whereby he thought it fit to try the case as a warrant case. After recording precharge evidence, the trial Court framed a charge on 8th January, 1991 for the offence under Section 7 read with Section 16(1)(a)(i) of the Act. The petitioner filed a Revision Petition against the order vide which he was charge sheeted but it was dismissed by the learned Additional Sessions Judge, Faridabad vide his judgment dated 19.3.1991. By way of present petition under Section 482 of the Code of Criminal Procedure the petitioner has assailed the order dated 8th January, 1991 passed by Chief Judicial Magistrate, Faridabad Annexure P-1 and order dated 19th March, 1991 passed by Additional Sessions Judges, Faridabad Annexure P-2 and has prayed for quashment of these orders.

(3.) IN the return filed by the respondent, the allegations made in the petition were controverted. It was alleged that the trial Court had given reasons for adopting warrant case procedure and it was not necessary to record the statement of the petitioner that he had no objection if the case was tried as a warrant case before the order was passed.