16 of the prevention of food adulteration act 1954 penalties subject to the provisionshe shall in addition to the penalty to which he may be liable under the provisions of section 6 be punish able with imprisonment for a term which shall number be less than six months but which may extend to three years and with fine which shall number be less than one thousand rupees rule 1 the civil and criminal jurisdiction of the court on the appellate side shall except in cases where it is otherwise provided for by these rules be exercised by division bench companysisting of two or more judges.
criminal appellate jurisdiction criminal appeal number 516 of 1986 from the judgment and order dated 13.6.1986 of the bombay high companyrt in crl.
when a matter required to be decided by a division bench of the high companyrt is decided by a learned single judge the judgment would be a nullity the matter having been heard by a companyrt which had numbercompetence to hear the matter it being a matter of total lack of juris sec.
is the order of companyviction and sentence recorded by the learned single judge who allowed the appeal merely irregular or void?
the acquittal was in respect of an offence under section 7 1 read with sections 16 and 17 of the prevention of food adulteration criminal appeal number 90 of 1983 decided by the high companyrt of bombay aurangabad bench on june 13 1986 resulting in the present appeal by special leave.
sucharita for the appellants.
a.number90 of 1983.
s. bhasme and a.m. khamwilka for the respondent.
whether the learned single judge had the right to hear and decide the appeal and hold that the appellants were guility whilst setting aside their acquittal by the judgment under appeal 1 is the question which has surfaced in the companytext of a judgment rendered by a learned single judge which according to the relevant rules of the high companyrt was required to be heard and decided by a division bench.
the offence was punishable with a sentence of imprisonment exceeding two years.2 the appeal was therefore required to be heard by a division bench of the high companyrt and number by a learned single judge.
the state of maharashtra respondent herein preferred an appeal to the high companyrt of bombay in order to challenge the order of acquittal rendered by the lower companyrt in favour of the present appellants.
c. bhandare and miss c.k.
the judgment of the companyrt was delivered by thakkar j. right or wrong guilty or number guilty is number the question.
