CHANDER BHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) CHANDER Bhan, by means of this petition under Section 482 Cr P.C. seeks quashing of the order dated November 7, 1986 (Annexure P-1) and order dated May 9, 1988 (Annexure P-2), passed by the SDJM 1st Class, Kaithal.

(2.) THE petitioner is being tried for offence under Section 16(1)(i) of Prevention of Food Adulteration Act on the allegations that on March 23, 1983, Government Food Inspector Hukum Singh, in the company of Dr. R.C. Mittal, Medical Officer, inspected the shop of the petitioner. He was found to be in possession of 24 kg. of chilly powder for sale. A sample weighing 600 gms. was purchased. One of the samples was sent to the public analyst, who certified the same to be adulterated. A second sample having been sent to the Director, Central Food Laboratory, Ghaziabad, was also declared to be adulterated by the Director. On November 7, 1986 charges were framed against the petitioner and trial was started as a warrant trial. On May 9, 1988 the CJM found that the trial was to be started as a summary trial and the warrant case had been started without assigning any reason as such he adopted the summary procedure.

(3.) I do not find merit in the first contention of the learned counsel. The fact that wrong procedure was adopted and charge sheet had been framed, it did not necessarily mean that the case must end in acquittal. The Magistrate was within this powers to rectify the mistake and to proceed with the case as if it was one of summary trial. If any authority is needed reference be made to D. B. judgement reported as Shamlal v. State of Haryana and others, 199(1) PLR 361.