BABU RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) It was on 9.10.1982 that Babu Ram son of Nathu Ram, Halwai of Pehowa Road, Cheeka of district Kurukshetra possessed Laddoos for sale and on payment of price a sample weighing 750 gms, was purchased. It appears that according to the report of the Public Analyst the Ladoos contained coal tar dye. The trial of the accused continued according to the procedure of warrant eases.

(2.) However, it was after several years at the stage of final arguments on 22-4-1988 that the Sub-Divisional Judicial Magistrate, Kaithal passed the impugned order and wanted the procedure of summary trial may be adopted. On behalf of the petitioner attention has been invited to Roshan Lal Vs. the State of Haryana 1987 (1) FAC 256 and it has been urged that the petitioner should not be required to undergo the agony of the trial afresh and in view of the irregularity referred to above in the circumstances of the case, the present petition is accepted and the prosecution of Babu Ram is hereby quashed.