STATE OF GUJARAT Vs. ASHOK MULJI LAKHANI

JUDGEMENT

(1.) THE applicant State of Gujarat has preferred this application under Section 5 of the Limitation Act seeking condonation of 22 days delay occurred in preferring the Criminal Appeal no. 209 of 2003 filed under Section 378 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code' for short)challenging the order of acquittal dated 30. 10. 2002 passed by the learned JMFC, dwarka in Criminal Case No. 1189 of 1986 acquitting the accused original respondents of the charges committing an offence punishable under Sections 7 and 16 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the Act' for short ).

(2.) LEARNED APP Shri Patel was called upon to call upon to make submissions in respect of merit of the appeal also. Learned app has produced on record the copy of the relevant papers pertaining to Criminal Case no. 1189 of 1986 and advanced his submissions at length on merit of the acquittal appeal.

(3.) THE facts in brief leading to filing this delay condonation application, leave to appeal and appeal challenging the order of acquittal deserve to be set out as under.