JUDGEMENT

1.Abbasali Taherali Vora, applicant (original accused), has filed this revision application under Section 397 of Cr.P.C. challenging the judgement and order dated 25.5.2000 passed by Judicial Magistrate First Class, Kalol, in Criminal Case No. 204 of 1989 below Exh. 101. The learned Magistrate thereby directed that the public analyst be orally examined as per Section 311 of the Criminal Procedure Code .

2.The facts of this case are as under:

2.1In this case from the record it appears that on 20.7.1988 sample of black pepper was purchased from Abbasali Taherali Vora, the present applicant. The said sample was sent to laboratory somewhere in August, 1988 and after examination public analyst Baroda sent his report on 22.8.1988 which is produced at Exh. 72. 2.2From the record it appears that somewhere in March, 1989 sanction was granted to prosecute the accused and case was filed bearing Criminal Case No. 204 of 1989. 2.3In March 1989 one private complaint was filed by Trilokkumar Babubhai Bhaskar, Food Inspector, having the office at Food and Drug Control Administration, Godhra, against the present applicant accused for the alleged offences under Section 2 (i-a), (a), (