STATE OF GUJARAT Vs. MOHANLAL VALJI

JUDGEMENT

(1.) In this delay condonation application the question of quite great importance that arises for the consideration is: Whether in a case where the Trial indisputedly commences on the basis of the complaint filed by the Food Inspector and results into acquittal of the accused and further when the impugned order of acquittal though not challenged by the said complainant himself but yet at the same time the same came to be challenged none-the-less at his instance through the instrumentality of the State Government then whether the special benefit of the larger period of limitation of six months for filing the Acquittal Appeal under Section 378(5) of the Criminal Procedure Code 1973 which is otherwise available to the public servants can be reasonably availed of to hold that the acquittal appeal in question though formally filed by the State and therefore was technically beyond time and yet in substance and the spirit the same having been basically filed at the instance of the Food Inspector who is a public servant the same was within the time period of limitation.

(2.) To appreciate and elicit the answer to the above question it is necessary first of all to set out few relevant facts and circumstances of the case leading to the present Misc. Criminal Application and in particular the question raised above.

(3.) Mr. Divetia the learned Addl. Public Prosecutor appearing for the Appellant-State submitted that strictly speaking there is no delay as such as the present appeal is filed within the statutory period of limitation as prescribed under Section 378(5) of the Criminal Procedure Code 1973 because in substance and spirit it has been filed only at the instance of the Complainant - Food Inspector who is a public servant. Mr. Divetia further submitted that so far as the filing of an acquittal appeal by the public servant is concerned the same is specifically governed by the provisions contained in Section 378 (5) of the Criminal Procedure Code 1973 where the period of limitation prescribed is six months. The said Section 378 (5) of the Code reads as under: