MOHD RAMZAN KATU BHAT Vs. STATE

JUDGEMENT

(1.) IN this criminal revision petition, earlier today I passed the following order; This order will , apply to Criminal Revisions Nos. 4/81 to 8/81 and 10/81, 13/81 to 19/81. I have heard the learned Counsel for the petitioner as well as the learned Addl. Advocate General at length. For reasons which will be recorded I allow the revision petition and set aside the order of the first appellate Court as well as the trial Court i. e. C. J. M's Court Srinagar and also set aside the conviction and sentence recorded against the petitioner by the learned Magistrate which has been confirmed by the Addl. Sessions Judge, Srinagar. I direct that the cases under revision may be sent back to the learned trial Magistrate, who is directed to proceed with the case from the stage at which the petitioner accused allegedly confessfed about the plea of guilty. The learned trial Magistrate or to whom he transfers that case for further trial, will ignore the plea of guilt in the trial and frame a fresh charge as permitted under law and proceed further with the case and give the prosecution and the accused opportunity to produce evidence, in case they want to do so. And after doing all this, the trial magistrate will dispose of the. cage in accordance with law. In view of this the charge-sheet framed against the petitioner as Well as the order of conviction and sentence are quashed. The petitioners-accused having been sentenced on 9-2-1981 are still in prison and have not been so far let out on bail. In view of the order which I have passed above, if the petitioners-accused furnish bail in the amount of Rs. 5,000/ahd personal bonds in the like ampunt to the satisfaction of the Dy. Registrar, High Court, he will direct the concerned Jail Authorities %o release the petitioners-accused immediately. The learned, counsel for the petitioner-accused as well as the prpsecutibn are directed to appear before the trial Magistrate for further instructions on 9th of March, 81. At this stage learned Addl. Advocate General prayed for permission to leave to appeal to S-C. As I have not recorded the reasons so far in this case, this request will be considered at the time of recording reasons for the order passed today.

(2.) I now. proceed to give reasons for this order.

(3.) BRIEFLY stated, the petition is based on the fact that the learned C. J. M. : Srinagar convicted the petitioner under Section 3/7 Essential Commodities Act, hereinafter referred to as the 'act' and sentenced him to 3 months rigorous imprisonment and a fine of Rs. 200/- on the basis of a report lodged by the prosecution that the petitioner had not prepared and exhibited price-list of articles he was selling as was required under Section 3 of the Act. It has been alleged in the petition that the procedure adopted by the C. J. M. Srinagar in convicting and sentencing the petitioner was illegal and not warranted under law. The learned C. J. M. Srinagar in a mechanical manner recorded the so-called confession of the accused and on the basis of that convicted him as above. The petitioner filed an appeal against the order of conviction and sentence which was dismissed by the Addl. Sessions Judge, Srinagar. It was against the order of the trial Magistrate as well as against that of the learned Addl. Sessions Judge dismissing the appeal, that this revision petition has been filed.