JUDGMENT

1. This is a reference by the Sessions Judge of Meerut recommending that the conviction of the accused u/s 4, U.P. Prevention of Adulteration Act (6 of 1912), be set aside. It appears that the learned Magistrate on 17th December 1933, fixed 3rd January 1934, as the date for the hearing of the case and ordered summons to issue. The summons however was not served till 31st December 1933. The case was heard on 3rd January 1934, and the accused made no protest as to the shortness of the time which he had to meet the prosecution case. The trial ended and the accused was convicted. On his behalf his counsel never suggested to the trying Magistrate that the accused had been prejudiced by the case having been taken up at such short notice. He went up in revision to the learned Sessions Judge and took no fewer than 12 grounds but did not suggest that the accused had been prejudiced by the date having been fixed rather early. There was no point taken that he had been prejudiced by any omission or irregularity in the summons which was served upon him.

2. Section 15, Sub-section (1), provides that no summons shall issue for the attendance of any accused person unless the same is applied