Honble SINGH, J.–Heard the learned counsel for the petitioner.

(2). Admit. Issue notice to the Public Prosecutor.

(3). The Public Prosecutor accepts the notice on behalf of the State, hence service is complete.

(4). Both the parties agree that the petition may be finally disposed of today.

(5). The learned counsel for the petitioner has submitted that after the conclusion of the trial, the learned trial Magistrate deemed it fit to amend the accusations by substituting the word ``misbranded in place of ``adulterated and the amended accusation was read over and explained to the accused petitioner and his plea was recorded. But, the petitioner was not given an opportunity to examine himself in defence, and as such there has been violation of the provisions contained in Section 217(b) of the Criminal Procedure Code, 1973.

(6) A perusal of the order dated 18th July, 1998 passed by the learned Chief Judicial Magistrate, Udaipur shows that he read over and explained the amended accusation to the accused petitioner and recorded his plea of not guilty. The prose- cution declined to produce any other evidence and the accused petitioner also exp- ressed unwillingness to cross examine any witness.

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