BALBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) - The petitioner has impugned the order his retrial passed by Additional Sessions Judge, Sonepat while deciding his appeal. The appellate Court after setting aside the conviction, has remanded the case back to the trial Magistrate to re-record the statement of accused under Section 313 Cr.P.C. by putting all the circumstances appearing in evidence produced by the prosecution including the report of CFL to the accused. Directions further are to hear both the sides afresh and decide the matter accordingly.

(2.) THE facts in brief are that a sample of 'Sarson ka tel' (mustered oil) was taken from the accused on 20th July, 1995. The same was divided into three parts and sealed as per the rule. One part was sent to Public Analyst and was found to be adulterated. The petitioner, who was an accused, moved an application for sending the second part of sample to Central Food Laboratory. The report dated 22.12.1997 was received from CFSL which was also to the effect that the sample did not confirm to the standard of mustered oil under the Prevention of Food Adulteration Act, 1955.

(3.) LEARNED counsel for the petitioner would submit that the petitioner has faced prolong prosecution ever since the date sample was taken on 20.07.1995. After investigation, the petitioner was put to trial and was convicted for this offence on 06.03.2006. He filed an appeal and the appellate order has been passed on 20.07.2007 remanding the case which will further prolong the agony of the petitioner.