VIMAL KANT KANCHANLAL TAILOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE applicant Food Inspector, Navsari Nagarpalika, navsari has preferred this application under Section 378 (4) of the Code of criminal Procedure, 1973 (hereinafter referred to as 'the Code' for short) seeking leave to appeal challenging the order of acquittal dated 24. 3. 2005 passed by the learned Chief Judicial Magistrate, Navsari in Criminal Case No. 6688 of 1998.

(2.) ON 17. 1. 2007, when the matter was listed for hearing as to admission, after hearing the counsel for the applicant, this Court has called for the records and proceedings as the entire case is hinging upon the date in respect of serving the notice under Section 13 (2) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the Act' for short) had not been served, then, no useful purpose would be served even if the leave to appeal and appeal is admitted. Accordingly the matter was kept today. Records and proceedings have been received and this Court has perused the same.

(3.) HEARD learned counsel for the applicant at length.