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Goverdhan Dass Bansal v. State (Delhi Administration) The Secretary

Case / Petition Number:Criminal Appeal No. 55 of 2002
Neutral Citation:[2008] 15 S.C.R. 307

Case Details & Bench

Court
High Court
Hon'ble Judges
  • Dr. Arijit Pasayat
  • C.K. Thakker
  • Lokeshwar Singh Panta
Judgment Date
2008-10-22
Court Decision / Holding
High Court order set aside and matter remitted back to the High Court for fresh disposal on merits.
Final Disposition
High Court order set aside and remitted to High Court for fresh disposal on merits.

Parties to the Case

Appellants / Petitioners

  • Goverdhan Dass Bansal

Respondents

  • State (Delhi Administration) The Secretary (Criminal Appeal No. 55 of 2002)
  • Delhi Administration]

Legal Representation & Advocates

Counsels for Petitioners

  • • Ranjit Kumar, Sr. Adv.
  • • Prasanth P.
  • • T. Harish Kumar

Counsels for Respondents

  • • Ashok Bhan
  • • Ahsa G. Nair
  • • Anil Katiyar
  • • D.S. Mahra

Case Synopsis & Summary

This criminal appeal challenges a Delhi High Court revision order under the Food Adulteration Act, 1948. Goverdhan Dass Bansal, the appellant, contends that the High Court committed impropriety by disposing of the revision on admission without a substantive, reasoned examination of merits. The Supreme Court notes that in revision proceedings, particularly under the Act, the court should refrain from cryptic, non‑reasoned orders and must ensure that an admitted revision has arguable substance worthy of adjudication. The record shows that the High Court admitted the revision petition, apparently finding some arguable points, while the merits could have been inconclusive. The Court holds that if there is no substance to the challenge, admission of the revision would be improper and a cryptic disposal cannot substitute for proper reasoning. Accordingly, the High Court’s order adverse to the appellant is set aside and the matter is remitted back to the High Court for fresh disposal on merits. The appellant is represented by Ranjit Kumar, Sr. Adv., with Prasanth P. and T. Harish Kumar, and the respondent by Ashok Bhan, Ahsa G. Nair, Anil Katiyar and D.S. Mahra. The judgment clarifies the procedural propriety of revision practice under the Act and emphasizes that admissions, while necessary for procedural efficiency, must be accompanied by meaningful, reasoned orders.

Provisions of Law Cited

Food Adulteration Act, 1948

Submissions & Arguments

Contentions of Appellants / Petitioners

/null

Contentions of Respondents

/null

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Extracted Judgment Text

Exact text extracted from official judgment records.

[2008] 15 S.C.R. 307 \ A ~ ,. ~ _t_ ## GOVERDHAN DASS BANSAL _v._ STATE (DELHI ADMINISTRATION) TH. SECRETARY (Criminal Appeal No. 55 of 2002.) OCTOBER 22, 2008 B ## **[DR. ARIJIT PASAYAT, C.K. THAKKER, LOKESHWAR SINGH PANTA, JJ.]** _Practice and procedure_ - _Revision_ - _Disposal of, on the day of admission by cryptic and non-reasoned order_ - c _Propriety of_ - _Held: Not proper- Since the court felt that there was some arguable points, the revision petition_ was _admitted_ - _If there was no substance, it should not have been admitted_ - _Thus, order of High Court set aside and matter remitted back to it for fresh disposal_ - _Judgment/Order_ - _Revision_ - D _Food Adulteration Act, 1948._ c CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 55 of 2002. _r-_ From the final Judgment and Order dated 17.4.2001 of the High Court of Delhi at New Delhi in Criminal Revision No. 206 of 2001. Ranjit Kumar, Sr. Adv., Prasanth P. and T. Harish Kumar for the Appellant. E F Ashok Bhan, Ahsa G. Nair, Anil Katiyar and D.S. Mahra for the Respondent. The Judgment of the Court was delivered by G ## **DR. ARIJIT PASAYAT, J.** 1. Heard. 2. Challenge in this appeal is to the order passed by a learned Single Judge of the Delhi High Court in Criminal H 307