MUNICIPAL CORPORATION OF DELHI Vs. BHAJNI

JUDGEMENT

(1.) This appeal on behalf of the Municipal Corporation of Delhi (for short the Corporation') challenging the acquittal of respondent No. 1 herein for the offence punishable under Section 7 read . with Section 16 of the Prevention of Food Adulteration Act, 1954 (hereinafte referred to as "the Act') was filed on 25th May, 1978 by the counsel in whose favour a power of attorney had been executed by the Law Officer of the Corporation. This was returned to the counsel as certain objections had been raised vide endorsement dated the 27th May, 1978. The appellant was given one week's time to remove the objections and re-file the same. The learned counsel, however, after removing the objections re-filed it on 14th July, 1978.

(2.) This appeal was heard alongwith a number of other appeals filed. by the Municipal Corporation of Delhi wherein a preliminary objection had been raised on behalf of the respondents that those appeals were barred by limitation as the applications seeking special leave to appeal were filed after the expiry of sixty days computed from the dates of the orders of acquittal. The impugned order of the Addl. Sessions Judge in the present case was passed on February 4, 1978. The application seeking certified copy of it was filed on 8th February, 1978. The certified copy, however, was ready on 18th April, 1978, Thus the filing of application seeking special leave to appeal under Section 378(4) of the Code of Criminal Procedure on 25th May, 1978 was within time as it was filed within sixty days of the impugned order. In all the other cases the applications were filed beyond the period of sixty days.

(3.) We may note that the application seeking special leave to appeat in the present case not having been filed within a week as permitted by the endorsement of 27th May, 1978 but filed, as we have noticed above, on 14th July, 1978 without accompanied by an application for seeking condonation of delay, can be held to be barred by limitation.