MANISH GAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned A.P.P.

(2.) By these applications orders dated 29-5-2006 passed by Sub-Divisional Judicial Magistrate, Patna, in Case No. 11 (M) of 2006 and Case No. 46(M) of 2006, refusing the privilege under Section 205, Cr. P.C., has been challenged.

(3.) The petitioner is the Managing Director of M/s. Ajay Food Products, Katni, Private Limited Company incorporated under the provisions of Companies Act, 1956. He resides at Katni in the State of Madhya Pradesh from where he conducts the business on behalf of the company. Certain food items were found allegedly adulterated for which a prosecution was instituted for violation of the provisions of Prevention of Food Adulteration Act. The petitioner on coming to know of the proceedings filed an application before the trial Court for exemption from appearing in person in terms of Section 205, Cr. P.C. The ground for filing such an application was that the petitioner is a busy businessman residing at Katni in the State of Madhya Pradesh and it will cause him undue harassment to physically appear on each and every date in the trial Court. He undertook to appear as and when Court would order for his personal appearance, which was necessary for the trial Court, still the same was rejected by the impugned order on four grounds,