NANDRAM KHEMRAJ Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner is hereby assailing correctness, propriety and legality of the order passed by the Chief-Judicial Magistrate, Dhar, in the matter of Criminal Case No. 1041/78 which has been confirmed by the Second Additional Sessions Judge, Dhar in Criminal Appeal No. 108/94. The learned CJM Dhar had convicted the petitioner for offences punishable under Sections 7(1) read with Sections 16(1) (a) (i) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'Adulteration Act'). The learned CJM had sentenced the petitioner with RI for six months and fine of Rs. 1,000.00, in default further RI for three months, for the above mentioned offences.

(2.) The prosecution case, in brief, can he stated as mentioned under :

(3.) At the time of trial, the prosecution had examined FInspector Shri Chandrakant Karandikar on 24-7-1979 before the stage of framing of charge against the accused (present petitioner). The prosecution had also examined Vijay Singh Onkar as well as Baboolal Naryan as prosecution witnesses before framing of the charge stage. The present petitioner did not cross-examine any of the witnesses. After the petitioner (accused) was examined under Section 313 Cr. P.C. 1973 (hereinafter referred to as 'Code') can 6-11-1984, Shri Karandikar was not available for cross-examination because he had died.