STATE OF GUJARAT Vs. VIJAY KUMAR ARVINDKUMAR

JUDGEMENT

(1.) HEARD learned counsels of the parties.

(2.) THE applicant State of Gujarat has preferred this application under section 5 of the Limitation Act for seeking condonation of 108 days delay occurred in preferring the Criminal Appeal under section 378 of the Criminal procedure Code, challenging the order of acquittal dated 3/2/2005 passed by learned JMFC, Khambhaliya in Criminal Case No. 432 of 1999, acquitting the accused/respondents of the charge of committing offence punishable under section 7 and 16 of the Prevention of Food Adulteration Act, 1954.

(3.) THIS Court (Coram: S. R. Brahmbhatt, J) issued rule on 11/1/2007 which was made returnable on 2/2/2007. Except respondent no. 5, who has died on 12/10/2005, all other respondents have been served. Shri. D. K. Modi, learned counsel appears on behalf of respondents no. 7 and 8.