NACHHATAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER Nachhatar Singh was tried, convicted and sentenced to rigorous imprisonment for one year and a fine of Rs. 1,500, in default further rigorous imprisonment for six months under section 16 (1) (a) (i) read with section 7 of the Prevention of Food Adulteration Act.

(2.) THE allegation against the petitioner was that on 21st May, 1981, he kept 15 Kg of cow's milk for sale. A sample was taken by the Food Inspector and sent for analysis. According to the report of the Public Analyst, Exhibit PD, milk solids not fat were found short by 6 per cent. The petitioner went up in appeal to the Court of Session. On of the grounds taken in appeal was that since report Exhibit PD of the Public Analyst had not been put to him under section 313 of the Code of Criminal Procedure and he had not been given an opportunity to explain this circumstances appearing in the prosecution evidence against him, his case had been prejudiced. The learned Additional Sessions Judge, Sangrur, vide his order dated 31st July, 1984, found it as a fact that report Exhibit PD had not been put to the petitioner in his statement under section 313 of the Code of Criminal Procedure. Consequently he remanded the case to the trial Magistrate with the direction that he should record the statement of the petitioner afresh under section 313 of the Code of Criminal Procedure and provide an opportunity to him to adduce any evidence in defence and then to decide the case in accordance with law. Aggrieved by the order of the learned Additional Sessions Judge, the petitioner has came up in revision in this Court.