STATE OF GUJARAT Vs. HASMUKHBHAI MANGALBHAI PATEL

JUDGEMENT

(1.) The applicant State of Gujarat has preferred this application under Section 5 of the Limitation Act seeking condonation of delay of 25 days caused in preferring the Criminal Appeal No. 217 of 2005 filed under Section 378(1)(B) of the Code of Criminal Procedure, 1973 (herein after referred to as 'the Code for short) challenging the judgment and order of acquittal dated 5.10.2004, passed by the learned JMFC, Vijapur in Criminal Case No. 1551 of 1994 acquitting the respondent of the charges of commission of offence under Section 2(1)(a), 7(1), 7(5) and 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (herein after referred to as 'the Act' for short).

(2.) Heard learned APP Shri Patel for the applicant " State of Gujarat. The reasons mentioned for delay of 25 days appear to be genuine and the delay, ordinarily would have been condoned. However, looking to the decision impugned in Criminal Appeal No. 217 of 2005 and the records and papers pertaining to Criminal Case No. 1551 of 1994 produced by Shri Patel, learned Addl.P.P., this Court is not inclined to condone the delay as the decision of acquittal impugned in the appeal appears to be just and proper and no useful purpose would be served by calling upon the respondent to answer the delay condonation application and Criminal Appeal.

(3.) Shri Patel, learned APP has taken this Court through the record and the papers of Criminal Case No. 1551 of 1994, copy of the complaint filed on 15.12.1994, the testimony of complainant Food Inspector at Ex.66, the sanction for lodging the complaint issued on 3.12.1994, the report of Director, Central Food Laboratory and other relevant papers. Learned Addl.P.P. Shri Patel has addressed this Court on the merits of the Criminal Appeal No. 217 of 2005 at length.