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april 1960

Supreme Court of India · 1960-04-01

THE STATE OF UTTAR PRADESH vs KHUSHI RAM

Citation / case number
SC 1959/70
Court
Supreme Court of India
Petitioner
THE STATE OF UTTAR PRADESH
Respondent
KHUSHI RAM
Bench
SARKAR, A.K.

Judgment text excerpt

The Supreme Court held that the commitment of the respondent by the Magistrate to the Court of Session was valid despite the Magistrate's belief that he lacked the power to impose the full sentence under Section 21 of the Prevention of Food Adulteration Act, 1954. The Court clarified that Section 32 of the Code of Criminal Procedure does not disable the Magistrate from committing the case, and thus the Sessions Court had jurisdiction to try the case. The conviction and sentence by the Sessions Judge were upheld, affirming the Magistrate's commitment as lawful.

THE STATE OF UTTAR PRADESH vs KHUSHI RAM · Niyam