Punjab-Haryana High Court
State Of Haryana vs Suresh Kumar on 6 August, 2009
Author: L. N. Mittal
Bench: L. N. Mittal
Crl. Reference No. 1 of 1995 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Case No. : Crl. Reference No.1 of 1995
Date of Decision : August 06, 2009
State of Haryana .... Petitioner
Vs.
Suresh Kumar .... Respondent
CORAM : HON'BLE MR. JUSTICE L. N. MITTAL
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Present : Mr. Sidharth Sarup, AAG, Haryana.
None for the accused-respondent.
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L. N. MITTAL, J. (Oral) :
On 03.09.1987, Government Food Inspector inspected the shop of accused Suresh Kumar and found him in possession of 20 kilograms of sooji for public sale in a gunny bag. The Food Inspector purchased 600 grams sooji as sample for analysis. One part of the sample sent to Public Analyst, Haryana was found to contain seven living meal worms, as per report received from there and therefore, the food article was found adulterated. Food Inspector filed criminal complaint against the accused. Learned Chief Judicial Magistrate, Sirsa, vide his judgment dated 08.02.1995 held the accused guilty and convicted him under Section 16 (1)
(a) (i) read with Section 7 of the Prevention of Food Adulteration Act, 1954.
The accused is deaf and dumb. Consequently, learned Chief Crl. Reference No. 1 of 1995 2 Judicial Magistrate, Sirsa vide letter dated 10.02.1995 has made reference to this Court in view of provisions of Section 318 of the Code of Criminal Procedure (in short - Cr.P.C.).
No one is appearing for the accused inspite of notice served on him for today. Earlier, the accused had put in appearance through counsel.
I have heard learned State counsel and perused the case file. Section 318 Cr.P.C. is reproduced hereunder :-
"318. Procedure where accused does not understand proceedings - If the accused, though not of unsound mind, cannot be made to understand the proceedings, the Court may proceed with the inquiry or trial; and in the case of a Court other than a High Court if such proceedings result in a conviction, the proceedings shall be forwarded to the High Court with a report of the circumstances of the case, and the High Court shall pass thereon such order as it thinks fit."
Perusal of the trial court file reveals that even statement of accused under Section 313 Cr.P.C. was recorded with the help of his father. It is thus manifest that the accused although not of unsound mind, but cannot understand the proceedings. It is also beyond comprehension as to how in such circumstances, the Food Inspector was able to purchase the food article from the accused. The Food Inspector in the witness-box tried to overcome this difficulty by stating that he communicated with the accused in writing. However, there is no such averment in the Spot Memo Ex.P-C (contemporaneous document) nor in the complaint instituted by the Food Inspector. Moreover, the Food Inspector admitted in cross- examination that at the time of purchasing the sample of sooji, he did not Crl. Reference No. 1 of 1995 3 notice any worm in it with naked eye. The sample was purchased on 03.09.1987, when the rainy season was not yet over. Report of Public Analyst is dated 30.09.1987. Possibility of meal worms appearing in sooji in between also cannot be ruled out.
Be that as it may, as noticed herein above, the sample of sooji was purchased from the accused on 03.09.1987 i.e. almost 22 years back. Judgment of conviction is dated 08.02.1995 and since then, this reference is pending in this Court for more than 14 years. The accused is deaf and dumb. Keeping in view all the circumstances, I deem it appropriate to give a decent burial to this case by closing the chapter.
No order of sentence is required to be passed on the accused. The reference stands disposed of accordingly.
August 06, 2009 ( L. N. MITTAL ) monika JUDGE