Case Note & Summary
The case involved an appeal by the State of Maharashtra against the acquittal of the appellants for an offence under Section 7(1) read with Sections 16 and 17 of the Prevention of Food Adulteration Act, 1954. The acquittal was rendered by a lower court, and the State's appeal was heard by a Single Judge of the Bombay High Court, which was contrary to the Bombay High Court Appellate Side Rules, 1960, that mandated such appeals be heard by a Division Bench. The Supreme Court examined whether the Single Judge had the authority to decide the appeal and concluded that the judgment rendered by the Single Judge was a nullity due to lack of jurisdiction. The Court emphasized that the appellants had a right to be heard by a Division Bench, and this right could not be denied without amending the rules. The Court held that even a correct decision made by an incorrect forum is non-existent in the eyes of law. Consequently, the Supreme Court allowed the appeal, set aside the Single Judge's order, and remanded the case to the High Court for a proper hearing by a Division Bench, ensuring both parties had the opportunity to present their case (Paras 1006-1008).
Headnote
A) Criminal Procedure - Jurisdiction - Nullity of Judgment - Bombay High Court Appellate Side Rules, 1960, Rule 1 and Rule 2-II(e) - A Single Judge's decision in a matter that should have been heard by a Division Bench is a nullity due to lack of jurisdiction. The appellants were entitled to a hearing by at least two Judges, and denying this right is arbitrary and discriminatory. Held that the judgment of the Single Judge is set aside and the matter is remanded for hearing by a Division Bench (Paras 1006-1007).
Issue of Consideration
Whether the decision of a Single Judge in a matter required to be decided by a Division Bench was a nullity.
Final Decision
The Supreme Court allowed the appeal, set aside the order of the Single Judge, and remanded the matter to the High Court for hearing by a Division Bench.
Law Points
- jurisdiction
- nullity
- Division Bench requirement
- acquittal appeal
- Bombay High Court Appellate Side Rules
