AMAR SINGH Vs. STATE OF PUNJAB
LAWS(P&H)-1976-8-29
HIGH COURT OF PUNJAB AND HARYANA
Decided on August 26,1976

Appellant
VERSUS
Respondents

JUDGEMENT

M.R.Sharma, J. - (1.) The petitioner was being tried under Sec. 16(i)(a)(ii) of the Prevention of Food Adulteration Act. He made an application before the learned Magistrate with a prayer that four defence witnesses be summoned. The learned Trial Magistrate ordered the summoning of two witnesses and declined to summon the other two witnesses who were the Director of the Central Food Laboratory, Calcutta, and the clerk concerned in the post office of Sirhind City alongwith certain record showing that the letter was delivered to the addressee. The order of the learned Magistrate about non-summoning of the two official witnesses is not challenged before me. The grievance of the petitioner is that Pal Singh and Bhagwan Singh were ordered to be summoned on his responsibility and payment of process fee. The learned Assistant Advocate General, Punjab appearing before me has conceded that an accused person facing a trial is under no obligation to take responsibility for the summoning of defence witnesses nor can he be called upon to pay process fee for the summoning of defence witnesses. I, therefore allow this petition and direct that the aforementioned two witnesses be summoned through the process of Court and that the petitioner be not called upon to pay any process fee nor should he be directed to produce these witnesses. The petition is allowed to the extent indicated above. The learned trial Magistrate will now dispose of the case expeditiously in accordance with law. Petition allowed.;


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