A.S. Bains, J. - (1.) This revision petition is directed against the judgment dated July 31, 1974, rendered by the learned Sessions Judge, Chandigarh, vide which he set aside the conviction and sentence of the petitioner awarded by the learned Judicial Magistrate 1st Class, Chandigarh on June 15, 1974 and remanded the case to the trial Magistrate for retrial according to law.
(2.) The facts giving rise to this petition are as under.
(3.) Food Inspector took a sample of red chillies from 2 kilograms lying in the shop of the petitioner for sale. This sample was sent to the Public Analyst for chemical analysis, who found the same to be adulterated. Accordingly, the petitioner was convicted under section 16(l)(a)(i) read with Sec. 7(2) of the Prevention of Food Adulteration Act and sentenced to six month's rigorous imprisonment and a fine of Rs. 1,000.00 or in default of payment of fine, four month's rigorous imprisonment. During the trial one part of the sample was sent to the Director, Central Food Laboratory, Calcutta, for analysis at the request of the petitioner, but that report was not put to the petitioner during his examination under section 313, Criminal Procedure Code. It was on this ground alone that the learned Sessions Judge, Chandigarh accepted the appeal and set aside the judgment of the trial Court and directed the parties to appear before the trial Magistrate. Dissatisfied by the judgment of the learned Sessions Judge, the petitioner has filed the present petition.;