STATE OF GUJARAT ON BEHALF OF MAKWANA NATVARLAL DANABHAI DRU Vs. PRAVINBHAI JETHALAL THAKKAR SHARDA BHUVAN NR VRUNDAVAN NAG

JUDGEMENT

(1.) Issue raised for consideration in present application filed under Section 5 of the Limitation Act, 1963, is for condonation of delay of 1927 days in filing captioned revision application by the State of Gujarat, which occasioned for the sufficient cause or not.

(2.) Briefly stated, the State has filed a complaint against the accused for the offence committed under sections 18(a)(i)(c), 18(a)(27)(b)(ii), 27(d) and 28 of the Drug and Cosmetic Act, 1940 (for short "the Act"). In the said complaint, the summons were issued and served upon the accused. According to the State, the accused persons gave an application on 31.12.2013 vide Exh.26 to consolidate hearing of Criminal Case No.2108 of 2000 with Criminal Case No.1692 of 2002. As the complainant did not remain present, the impugned complaint being Criminal Case No.1692 of 2002 came to be dismissed on 17.7.2006.

(3.) Heard the submissions of learned APP Ms. Jhaveri for the State and learned advocate Mr. Qureshi for the opponent.