Ramesh Kumar vs State of Haryana

S.D. Bajaj, J.—Sample of ''Bura'' collected by Government Food Inspector Krishan Kumar Bhutani from the shop of the accused named Ramesh Kumar in Barsi Gujran, district Bhiwani around 5.30 p.m. on 24th February 1984, was found to contain sulphur dioxide 102PPm as against the maximum prescribed standard of 70 PPm and therefore adulterated. In the tria, which followed on the complaint of Food Inspector learned trial Court followed warrant case procedure instead of summary procedure as prescribed in Section 16A of the Prevention of Food Adulteration Act. In Criminal Appeal No.7 of 1990 decided on 9th November, 1990 learned lower Appellate Court set aside the judgment of conviction as also the order of sentence passed by the learned trial court against the petitioner on 11th May, 1990 and remanded the case to the learned trial court for retrial in conformity with summary procedure. Criminal Revision No. 919 of 1990 has been filed for reversal of the order for retrial and securing an order of acquittal of the petitioner on this score.

I have heard Shri Surinder Gandhi, Advocate, for the petitioner Shri P.L. Verma, Advocate, for the State and have carefully perused the relevant record.

It has repeatedly been held by this Court in Mahabir Parshad v. The State of Haryana, 1989(1) Recent Criminal Reports 182 ; Ram Phal v. State of Haryana 1990(1) Recent Criminal Reports 5 ; Dharam Pal v. State of Haryana, 1990(2) Recent Criminal Reports 278 and Ashok Kumar v. State of Haryana, 1990(3) Recent Criminal Reports 254 that failure on the part of the learned trial court to follow summary procedure in such cases vitiates the trial and that the petitioner having been vexed in trial for over six years from 1984 to 1990, it would not be fair to order retrial after remand and appropriate orders in such cases would be to record acquittal of the accused petitioner.

For the reasons given above, Criminal Revision filed by accused petitioner is allowed. Impugned order dated 9th November, 1990 of the learned Sessions Judge, Bhiwani is set aside and the accused petitioner Ramesh Kumar is acquitted.