STATE Vs. VIRENDRA LAXICHAND NAGDA

JUDGEMENT

(1.) THIS Criminal Revision Application is filed by the State, through Shri Y. R. Tamboli, Food Inspector, Food & Drug Administration, Maharashtra State, Greater Bombay, being aggrieved by the order dated 5th September, 1991, passed by the learned Additional Chief Metropolitan Magistrate, 2nd Court, Mazgaon, Bombay, in C. C. No.103/s of 1989, discharging the accused-Respondent Nos. 1 to 3 herein, under Section 245 (i) of the Code of Criminal Procedure. Respondent Nos. 1 to 3 were arraigned before the lower Court under Section 7 (i) read with Section 2 (ia) (m) of the Prevention of Food Adulteration Act, 1954, punishable under Section 16 read with Section 17 of the said Act.

(2.) IT was the contention of Mr. Hirlekar, at the outset, that the Revision application was time barred and, therefore, it should be rejected at the outset. He further stated that it was wrongly stated in para6 at page 6 of the petition that the Crimainal Revision Application was filed within time. His allegation, in no uncertain term, was that some manipulation was done as far as the date of application, made in the lower Court, for obtaining certified copy was concerned and, therefore, this Court by its order dated 20th April, 1999 called for original Register of applications, which was maintained for the purpose of furnishing certified copies, by the Court of the Additional Chief Metropolitan Magistrate, 2nd Court, Mazgaon. Accordingly it was sent. After perusing the same, it transpired prime facie that what Mr. Hirlekar had submitted was unfortunately the true state of affairs.

(3.) MR. Mhaisapurkar, learned Addl. P. P. stated that the State had filed Revision Application as per the certified copy, which was supplied to them, which bore the date 6th September, 1991 showing that on that day application for certified coy was made.