STATE OF GIJARAT Vs. BIMAL KUMAR JAYANTILAL

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE applicant - State of Gujarat has preferred this application under section 5 of the Limitation Act for condonation of 5 days delay occurred in preferring Criminal Appeal No. 1065 of 2005 under Section 378 of the code of Criminal Procedure challenging the judgment and order of acquittal dated 17. 2. 2005 passed by the learned JMFC, Ahmedabad (Rural) in criminal Case No. 227 of 2000 acquitting the present respondents of the charge of commission of offence under Sections 2 (1a), 7 and 16 of the prevention of Food Adulteration Act, 1954.

(3.) THE delay of 5 days occurred in preferring Appeal appears to be on account of procedural aspect of processing the papers for filing the Appeal. No nialafide can be attributable to any one as it appears from the averments made in the application.