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Madhya Pradesh High Court

Prahladdas vs The State Of Madhya Pradesh on 22 January, 2019

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   HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
              CRIMINAL REVISION NO.309 OF 2019
              (Prahladdas vs. State of Madhya Pradesh)

Indore, Dated 22.01.2019
      Mr. L.S. Soni, learned senior counsel assisted by Mr. Manoj
Silawat, counsel for the applicant.
      Mr.   Rajesh     Mali,   learned    public   prosecutor   for   the
respondent/State.

Submissions were made on application-IA No.494/2019, which is first application under Section 389 of Criminal Procedure Code, 1973, for suspension of jail sentence and grant of bail to the applicant-Prahladdas S/o Balaram.

The applicant has been convicted under Section 7(1) read with Section 16(1)(A)(1) of Food Adulteration Act, 1954 by trial Court i.e. JMFC, Khachrod, District-Ujjain in Criminal Case No.175/2005 and sentenced him to undergo six months RI with fine of Rs.1000/- which was considered by Additional Sessions Judge, Khachrod, District-Ujjain vide its judgment dated 14.01.2019, the appeal has been dismissed on the point of sentence. The punishment awarded by the lower Court has been turned down to six months RI along with fine of Rs.1000/- and to suffer three months SI in default. The revision against the impugned order has been preferred on the point of admission.

Considering the grounds mentioned in the revision, the revision is admitted for final hearing.

Learned senior counsel for the applicant has pointed out that Public Analyst-Manju Thakur who has exhibited the analysis report which is Exhibit-P/28 has not examined which is necessary in this particular case as Exhibit-P/28 forms the basis of ultimate report i.e. Exhibit-P/26 has been exhibited by PW-5 Shri Verma who is also analyst.

Learned senior counsel has referred to a citation of Gujarat 2 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE CRIMINAL REVISION NO.309 OF 2019 (Prahladdas vs. State of Madhya Pradesh) High Court in Babulal Dharamshibhai Patel vs State of Gujarat and Others which was published in General Laws Gujarat HC- 2016-2-148 vide judgment dated 01.02.2016. Para No.14 and 15 of this judgment has been referred to, wherein it has been mentioned that if the Public Analyst does not point out the details of methodology adopted by him which is required as per the prescribed form No.III under the Rules, then such lapse goes to the root of the matter and benefit of doubt be given in such matter.

A perusal of Exhibit P/26 shows that the same has been given in the prescribed format in Form No.III, however the fact that the Public Analyst who has exhibited this report has not analyzed the sample himself and the sample has been in-fact been analyzed by other Public Analyst namely; Manju Thakur.

In view of these submissions, application-IA No.494/2019 is allowed. Let the substantive jail sentence of the applicant- Prahladdas be suspended on his furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand) by the applicant with one solvent surety in the like amount to the satisfaction of the trial Court for his regular appearance before the Registry of this Court on 08/04/2019 and on such other subsequent dates, as may be fixed, by the Registry, in this regard for the same purpose in future, the applicant's jail sentence be suspended and he be released on bail.

Let original record be called for and list this revision for final hearing in due course.

Certified copy, as per Rules.

(SHAILENDRA SHUKLA) JUDGE Arun/-