CHHAJU RAM Vs. STATE

JUDGEMENT

(1.) The petitioner upon having been tried for the offence under Section 16(l)(a)(i) of the Prevention of Food Adulteration Act, 1954 (for short the Act) by the learned Sub Divisional Judicial Magistrate, Ghumarwin, District Bilaspur, was convicted for such offence vide judgment dated 8.3.1995 and sentenced to rigorous imprisonment for two years and to pay fine of Rs. 2,000. In default of payment of fine, he was directed to undergo rigorous imprisonment for a further period of six months.

(2.) In appeal preferred by the petitioner before the learned Sessions Judge, Bilaspur, the conviction and sentence imposed by the learned Magistrate was set aside and the case was remanded for denovo trial. While remanding the case, the learned Sessions Judge came to the conclusion that there had been contravention of Section 326 of the Code of Criminal Procedure, inasmuch as, the learned Magistrate in the case of a summary trial had proceeded to pass the order of conviction and sentence on the basis of the evidence recorded by his predecessor, which under the law he could not have done. The learned Sessions Judge further came to the conclusion that an illegality had been committed by the learned Magistrate and such illegality was not curable.

(3.) Feeling aggrieved, the petitioner is before this Court by virtue of the present revision petition.