SAT PAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS revision is directed against the order of Shri D. P. Sood, Sessions Judge. Solan, whereby he accepted the petitioner's appeal and ordered a retrial.

(2.) THE relevant facts for the decision of this petition are these. The Food Inspector took a sample of rapeseed oil from the shop of one Amar Chand at Arki on 9-12-1977. One of the sample bottles was sent to the Public Analyst, Punjab who found the sample to be adulterated. A complaint under Section 7 read with Section 16, Prevention of Food Adulteration Act was filed by the Food Inspector against Shri Amar Chand as well as his suppliers M/s. Raja Ram Jai Prakash of Ambala City. Shri Sat Pal petitioner is stated to be the proprietor of the firm. The trial Court acquitted Amar Chand but convicted the present petitioner and sentenced him to rigorous imprisonment for six months and to a fine of Rs. 1,000/ -. Sat Pal appealed and the learned Sessions Judge accepted the appeal as stated above.

(3.) THE only reason for accepting the appeal, quashing the prosecution and ordering retrial is that the trial Magistrate did not apply his mind when he summoned the petitioner. The learned Sessions Judge based his decision on a judgment of this Court in Gopi Nath and Sons v. State of Himachal Pradesh ILR (1980) Him Pra 678 : 1981 Cri LJ 175.