STATE OF GUJARAT Vs. DIVYESH PADMAKANT SHAH

JUDGEMENT

(1.) RULE. Shri T. R. Savani, learned counsel, waives service of rule on behalf of the respondents.

(2.) THE applicant State of Gujarat has preferred this application under section 5 of the Limitation Act for condoning delay of 10 days occurred in preferring Criminal Appeal No. 724 of 2004 challenging the order of acquittal dated 25th August, 2003 passed by the J. M. F. C. , Mandvi, in Criminal case No. 456 of 2002.

(3.) IT is, indeed, unfortunate that the State machinery did not take appropriate steps under the Prevention of Food Adulteration Act; 1954 (hereinafter referred to as the PFA Act) for serious offence under the PFA act. The ground, mentioned in the memo of application, indicates that the delay deserves to be condoned. However, in peculiar facts and circumstances of this case, this Court is not inclined to condone the delay. The facts needs to be narrated so as to appreciate the controversy in question.