THE STATE OF RAJASTHAN Vs. SUNDER LAL

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Relying on a Supreme Court decision in Rajaldas G. Pamnani Vs. State of Maharashtra (AIR 1975 S.C. 189) , the learned Magistrate acquitted the respondent but the said Supreme Court decision has been overruled in State of Kerala etc, Vs. Alasserry Mohommed etc. (AIR 1978 S.C. 933) . In view of the reasons recorded by the Supreme Court in paras 17 & 18 of the later decision the acquittals were not set aside. In the present case, the offence is said to have been committed on 3.5 1975. The complaint was filed on 15-7-1975. Order of acquittal was recorded on 26-4-1977. Almost 6 years have passed.Following the earlier Supreme Court decision, many acquittals have been recorded. as observed by the Supreme Court in the later decision, following the later decision, I am not inclined to set aside the order of acquittal. The Chilli sample is found adulterated because total ash content was found little more than the prescribed standard.The infraction was only marginal.

(3.) Thus,considering the circumstances of the case in the light of the later decision of the Supreme Court, I am not inclined to interfere in the order of acquittal. The appeal is, therefore, dismissed. Appeal dismissed.