RAMAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of present petition under Sec. 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code'), the petitioner has challenged the proceedings pending against him in criminal case No. 392/2016 in the court of learned Chief Judicial Magistrate, Jaisalmer (hereinafter referred to as 'the trial court').

(2.) The petition has been filed essentially on the ground that the petitioner cannot be tried for the same offence for which he has once been tried and acquitted. According to the petitioner, such proceedings are not only contrary to Sec. 300 (1) of the Code but also amount to violation of Article 20 of the Constitution of India.

(3.) Backdrop facts relevant for the present purposes are that pursuant to receiving information from secret informer on 25/7/2007, the Additional Superintendent of Police, Jaisalmer searched petitioner's shop running by the name of M/s. Gayatri Trading Company and found some misbranded and adulterated ghee stored/stocked in the shop.