PUPPY Vs. STATE

JUDGEMENT

(1.) This petilion U/S 561-A of the Cr. P.C. arises in the following circumstances of the case:

(2.) Against the petitioner a complaint came to be filed by the Food Inspector, Jammu U/S 7 read wish Section 16 of (he Prevention of Food Adulteration Act, hereinafter referred to as "Ad", in the Court of Special Municipal Magistrate, Jammu on 4.9.1975. The petitioner pleaded not guilty to the charges. The prosecution produced two witnesses only, both of whom were employees of the Municipality. The trial court believed the prosecution case and convicted the petitioner and sentenced him to rigorous imprisonment of six months and a fine of Rs. l,000/-and in default of payment of fine, three months simple imprisonment more. The said judgment was delivered on 14-11-1970 and She petitioner sent to jail. He filed an appeal against the said judgment and the appellate Court admitted him to bail after undergoing imprisonment for fourteen days. However, the appeal came to be dismissed on 11-10-1980. He filed a revision petition in the High Court against the judgment and order of the learned Session Judge dismissing his appeal. The revision was admitted in 1980 and notice issued to the State-respondent. Last of all, on 16-2-1990 the revision came io be listed before a bench, when neither the petitioner and nor his counsel were present. The Court dismissed the revision without hearing either the petitioner or the respondent, as none of (hem was present on that day, and recorded a finding that no illegality was committed by (he Courts below in finding the petitioner guilty and sentencing him as per their judgments.

(3.) From the jail, the petitioner filed this petition, raising the following grounds:-