STATE OF GUJARAT Vs. KAUSHIK KUMAR JAYATILAL

JUDGEMENT

(1.) THE applicant State of Gujarat has preferred this application under Section 5 of the Limitation Act seeking condonation of 11 days in preferring Criminal Appeal No. 1491 of 2004. The appeal is preferred under Section 378 of the Code of Criminal Procedure challenging the order of acquittal dated 27. 5. 2004 passed by the learned JMFC. Santrampur in Criminal Case No. 239 of 1995. whereby, the opponent has heen acquitted of the charges under Section 16 of the Prevention of Food adulteration Act, 1954.

(2.) THIS Court (Coram: S. R. Brahmbhatt, J.) issued Rule on 3. 11. 2006, which was made returnable on 17. 11. 2006. In response to the notice of rule, Shri Sudhir Mehta appears and submits that looking to the order impugned in the Appeal, the leave as sought for itself deserves to be refused. He makes a request that as the relevant papers of Criminal Case no. 239 of 1995 are available with Addl. P. P. , the same may be perused and the appeal may be heard on merits.

(3.) SHRI Patel, learned Addl. P. P. also submits that as the papers are available, the appeal can be heard on merits.