STATE OF M.P. Vs. JASPALSINGH

JUDGEMENT

(1.) Heard on IA No.5414/2016, which is an application under section 5 of the Limitation Act for condonation of delay in filing the appeal.

(2.) Appellant State of M.P has filed this petition under section 378 (3) of the Cr.P.C , 1973read with section 71(6) of the Food Safety and Standards Act, 2006 seeking leave to prefer appeal against the judgment of acquittal dated 16.12.2015 passed by the Food Safety Authority, Dewas in Food Safety Appeal No.221/2015 along with IA No.5414/2016 for condonation of delay in filing the appeal.

(3.) The trial Court had earlier convicted the respondents and sentenced them under various provisions of the Food Safety and Standards Act, 2006 wherein the respondent No.1 was imposed with fine of Rs. 20,000.00, respondent No.2 was imposed with fine of Rs. 50,000.00 and respondent No.3 was imposed with fine of Rs. 1,00,000.00. Learned appellate Court vide impugned judgment dated 16.12.2015 acquitted the respondents and it was ordered that the fine amount if deposited be returned to them. Hence, this petition has been filed by the State seeking leave to appeal against the judgment of acquittal passed by the appellate authority. Along with this petition, an application (IA No.5414/16) under section 5 of the Limitation Act has also been filed. In the application, it has been mentioned that as per section 71(6) of the Food Safety and Standards Act, 2006, there is a time limitation of 60 days within which the appeal can be filed and there is a delay of only 59 days in this matter in filing the appeal, hence the delay be condoned. Learned counsel for the respondent No.3 has submitted a written reply to the application. He submits that the judgment was pronounced on 16.12.2015 and only that period can be excluded which was required for obtaining the copy of the judgment and if that period is excluded, then the delay in filing the appeal would be more than 120 days which is the maximum period allowed and not the 59 days, hence the appeal is time barred.