GOKUL DASS & ANOTHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioners have invoked the inherent powers of this court under Sec. 482 Crimial P.C. to quash the proceedings pending against the petitioners in Case No. 813/90 under Sec. 7 read with 16, Prevention of. Food Adulteration Act, hereinafter referred to as 'the Act', in the court of learned Chief Judicial Magistrate, Banswara. Petitioner No. 1 Gokul Das is Manager of M/s. G.R. Traders and petitioner No. 2 is the owner of the shop.

(2.) The complaint was filed in the court of learned C.J.M., Banswara, on 22.8.90 under Sec. 7/16 of the Act. The accused attended the court on 17.7.91 and the case was fixed for stating the substance of the accusation. The case was fixed for examining the witnesses on 17 2.95 but not a single witness could be examined from 17.2,95 to 3.1.98 because on most of the dates the Presiding Officer went on leave. During the aforesaid period, the Presiding Officers were transferred on 5.6.95 and. 18.4.96. One witness i.e. PW 1 Omdutt Sharma was examined on 3.3.98. The charges were framed against the petitioners under S. 7/16 of the Act on 2.12.94.

(3.) Learned counsel for the petitioners has vehemently argued that the petitioners are regularly attending the court but the prosecution failed to examine even a single witness for seven years. The petitioners have suffered mental and physical harassment as well as financial burden since 1990. The proceedings are not being taken up expeditiously whereas the speedy trial is the fundamental right of the petitioners. It is submitted that in the above circumstances, the proceedings pending against the petitioners deserve to be quashed in the interest of justice. Only one witness has been examined and with this speed, the trial is likely to take a sufficient long time.