STATE Vs. JAIVEER

JUDGEMENT

(1.) CONDONATION of delay of 120 days in filing of the criminal Leave petition against acquittal of respondent for the offence under Section 7/16 of the Prevention of Food. Adulteration Act, 1954 is prayed for on the ground that the file had to pass through various official approvals and the file had to be fully reconstructed.

(2.) THE delay of 120 days is said to be neither intentional nor deliberate. Director, prevention of Food Adulteration Department had forwarded this case as fit for appeal to the Secretary (Law Department) of the Government and thereafter, the case was referred to Standing Counsel (Criminal) who drafted this petition and during the aforesaid process, inadvertent delay of 120 days has occurred.

(3.) THE movement of the file on different dates from one desk to another had taken place, as was submitted on behalf of the state during the course of the hearing of this application. However, in the reply filed to this application, there is a strong opposition to condoning of the delay by stating that no preferential treatment has to be given to the State and each day's delay has to be explained.