BRAJ KISHORE PRASED Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS case relates to appointment of respondent (No. 3) Mr. Dhruv Lal Yadav as Special Public Prosecutor at Patna to conduct the Weight and Measurements cases and cases relating to Food Adulteration Act.

(2.) THE brief facts of the case lies in a narrow compass.

(3.) ACCORDING to the respondent No. 3, ten years of experience as a lawyer is not required for appointment of Public Prosecutor to conduct the cases under Food Adulteration Act and/or Weight and Measurements Act. As aforesaid cases are triable by Magistrate, the appointment comes within the purview of Section 25(1) of the Cr.P.C. To conduct the cases under the Special Act triable by Special Court is for all practical purposes amounts to appointment of Public Prosecutor in terms with Section 24(3) of the Cr.P.C. It is stated that for appointment of Public Prosecutor, a person requires experience/practice as lawyer for only seven years which he fulfils in terms with Section 24(7) of the Cr.P.C.