VIJAY KUMAR VYAS,J. - (1.) This criminal revision petition has been preferred against the judgment dated 4.12.2003 passed by learned Additional Sessions Judge (Fast Track), Tonk in regular Criminal Appeal No. 6/2003 whereby he upheld the judgment dated 31.3.1999 passed by learned Chief Judicial Magistrate, Tonk in regular Criminal Case No. 197/1990 whereby learned trial court convicted the accused petitioner for offence under section 7/16(1)(A)(i) of the Prevention of Food Adulteration Act, 1954 (for short "the Act") and sentenced him to undergo six months' rigorous imprisonment and fine of Rs. 1,000/- with default stipulation.
(2.) I have heard both the parties and gone through the material available on record.
(3.) Learned trial court has conducted the trial as if it is a warrant case. On the contrary, section 16A of the Act specifically provides that in such matters, procedure of summary trial as prescribed under the Code of Criminal Procedure is to be adopted. The provision is as under: "16A. Power of court to try cases summarily. - Notwithstanding anything contained in the Code of Criminal Procedure 1973 (2 of 1974), all offences under sub-section (1) of section 16 shall be tried in a summary way by a Judicial Magistrate of the first class specially empowered in this behalf by the State Government or by a Metropolitan Magistrate and the provisions of sections 262 to 265 (both inclusive) of the said Code, shall, as far as may be, apply to such trial: Provided that in the case of any conviction in a summary trial under this section, it shall be lawful for the magistrate to pass a sentence of imprisonment for a term not exceeding one year: Provided further that when at the commencement of, or in the course of, a summary trial under this section it appears to the magistrate that the nature of the case is such that a sentence of imprisonment for a term exceeding one year may have to be passed or that it is, for any other reason, undesirable to try the case summarily, the Magistrate shall after hearing the parties, record an order to that effect and thereafter recall any witness who may have been examined and proceed to hear or rehear the case in the manner provided by the said Code.";