MADAN LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is Crl. Revision No. 562 of 1997 filed by petitioner Madan Lai whereby he has prayed that part of order dated 1.5.1997 passed by Additional Sessions Judge, Jagadhari be set aside whereby he had remanded the case for fresh trial to the Court of the Magistrate. Facts of the prosecution case briefly stated are as follows :

(2.) ON 29.8.1984, Shri C.J. Sikri, Government Food Inspector accompanied by Dr. T.D. Chandna inspected the premises of Madan Lai accused situated at Jaroda Gate, Jagadhari with a view to taking the sample of food articles meant for human consumption for getting it analysed. At that time, accused Madan Lai was found sitting at the business premises. Three kilograms of barfi with silver foils pasted was lying at the shop for sale to the public. After disclosing to the accused the purpose of his visit to the shop and complying with the other procedural requirements as laid down in the Prevention of Food Adulteration Act, 1954 and the Rules framed thereunder, Food Inspector purchased 750 grams barfi from the accused by way of sample against payment of Rs. 12/- to him with a view to having it analysed from the Public Analyst. Food Inspector divided the sample of barfi so purchased into three equal parts. He put each of the parts of barfi in separate containers. He sealed each of the containers separately. In each of the sealed containers, he put one form duly filled, signed by the accused and attested by the witnesses. One of the sealed samples was sent by him to the Public Analyst, Haryana for analysis. Copy of said form was sent to him separately. Remaining two samples were deposited with the Local Health Authority. Public Analyst analysed the sample and vide report Ex.PD found that silver leaves, the use of which had been banned vide notification No. 8/24-2 PH/4825 dated 26.7.1984 had been pasted on the upper layer of the barfi. On receipt of the report of the Public Analyst by the Local Health Authority, one copy thereof was sent to the accused together with the forwarding letter by registered post. Food Inspector instituted the complaint under Section 7/16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 in the Court of the Magistrate in October, 1984.

(3.) AGGRIEVED from this order passed by C.J.M., Jagadhri, the accused knocked the door of the Court of Session through Crl. Appeal No. 50 of 1994. Additional Sessions Judge, Jagadhri set aside conviction and sentence on 1.5.1997, passed by the Magistrate upon the accused on the ground that there was irregularity in the trial and he remanded the case to Additional Chief Judicial Magistrate, Jagadhari for fresh trial.