MURARI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision filed by petitioner Murari Lal is directed against the order dated 7-6-1994, passed by learned Additional District Judge, Bayana setting aside the order dated 11-2-1993, passed by learned A.C.J.M. Bayana, and remanding the case for trial

(2.) Record was called for and arguments were heard.

(3.) Brief facts relating to this Criminal Revision are that a complaint was filed by the Food Inspector on 11th Sept. 1984, against the petitioner for offence under Section 7/16 of the Prevention of Food Adulteration Act (hereinafter referred to as the 'Act'), mentioning therein that the petitioner was selling ice-cream ('Kulfi') at the Railway Station, Bayana, on 28-4-1984. The complainant purchased 900 Grams of ice-cream and sent the same for testing to the Laboratory , which was found to be adulterated . After trial, learned A.C.J.M. Bayana, convicted the petitioner for offence under Section 7/16 of the Act and sentenced him for one year's R.I. and a fine of Rs. 2,000/-. Against that judgment, petitioner filed an appeal, which was ultimately decided by learned Additional Sessions Judge, Bayana, vide impugned order. Learned Additional Sessions Judge in his judgment held that according to the Act, there should have been summary trial. The procedure prescribed for summary trial was not adopted by the trial Court, therefore, the judgment of the trial Court was set aside by the first Appellate Court and the case was remanded back for fresh trial. Hence this revision.