CRM No.M-6877 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRM No.M-6877 of 2010 Date of decision : 7.12.2010 Avtar Singh .........Petitioner Vs. Govt. Food Inspector, Kurukshetra .......Respondent CORAM : HON'BLE MR. JUSTICE M.M.S.BEDI : Present:- Mr.D.S.Sukarchakia, Advocate, for the petitioner Mr.Amit Rana, DAG, Haryana --- M.M.S.BEDI, J (ORAL) : The petitioner claims that he has nothing to do with Paradise Restaurent from where 10 samples of atta were taken by the Inspector. Petitioner is facing trial alongwith Amritpal Singh, who was allegdly present on the spot. Learned State counsel informs that all the prosecution witnesses have already been examined and case is now fixed for recording the statement under section 313 Cr.P.C. All the pleas taken by the petitioner in this petition, can be raised at the time of recording of the statement under section 313 Cr.P.C. Petitioner can produce defence evidence to establish that he has got nothing to do with the running of Paradise Restaurent or with the alleged sale of atta from the said premises. This criminal miscellaneous petition is disposed of with CRM No.M-6877 of 2010 -2- liberty to the petitioner to raise all the pleas and lead evidence at appropriate time. In case the petitioner is able to establish his defence, his right of acquittal or his right to get benefit of probation can be considered by the trial Court. (M.M.S.BEDI) JUDGE 7th Dec., 2010 akm