JAGDISH PRASAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition is directed against the appellate Judgment of the learned Additional Sessions Judge, Nagore Camp Deed-wana dated 6. 7. 1988 whereby the learned Additional Sessions Judge, upheld the judgment of the learned Chief Judicial Magistrate, Nagaur dated 23. 11. 1985 holding accused-appellant Jagdish Pd. guilty of the offence under s. 7/16 Prevention of Food Adulteration Act. The accused-petitioner Jagdish Pd. has been sentenced to 6 months' rigorous imprisonment together with a fine of Rs. 1,000/-and in default, to undergo three months' rigorous imprisonment.

(2.) LEARNED counsel appearing for the parties submitted that in this case, a very short point is involved and so, it may be heard and decided at this stage. On the request of the learned counsel appearing for the parties, the revision petition was heard finally at the admission stage.

(3.) HE invited my attention to Baldeo Krishan V. State of Punjab (7) wherein the learned Sessions Judge remanded the case back to the trial court directing the trial Magistrate to put the report of the Chemical Analyst to the accused in his statement under s. 313 Cr. P. C. On revision, the High Court held the accused is facing trial for the last over four years and, therefore, the remand of the case by the Sessions Judge was not considered proper and the order of remand was set-aside.