STATE OF GUJARAT Vs. MAHAVIR KIRANA STORES

JUDGEMENT

(1.) HEARD learned APP Mr. A. Y. Kogje for the applicant and learned Counsel Mr. J. D. Ajmera for opponents.

(2.) PRESENT opponents came to be convicted by learned Chief Judicial magistrate, Amreli, vide his Order dated 1st of January, 1999, for the offence punishable under the Prevention of Food Adulteration Act. On filing Criminal Appeal No. 3 of 1999 before the Court of Sessions at amreli by the present opponents, Appeal came to be allowed and conviction and order of sentence as delivered by learned Chief Judicial Magistrate, amreli, in Criminal Case No. 1039 of 1993 came to be set aside and the opponents herein were acquitted by the Appellate Court for the charges levelled against them under the Prevention of Food Adulteration Act. Against the said Judgment and order of learned Additional Sessions Judge, fast Track Court, Amreli, delivered on 29th of November, 2003, in Criminal appeal No. 3 of 1999, acquitting the present opponents, the State has preferred this Criminal Appeal which is filed with delay of 08 days.

(3.) FOR the reasons of delay, in paras 4 and 5, it has been urged that the delay is not attributable to the negligence or inaction on the part of the State. Learned Advocate Mr. Ajmera opposed the application on the ground that the present opponents accrued with valuable right of acquittal long back and appeal came to be preferred with not only delay but placed on admission board in 2006 causing further delay and increasing predicament of the opponents as opponent No. 3 has now attained the age of more than 70 years.