Union Territory Of Chandigarh vs Jai Parkash on 16 August, 2010

[Cites 2, Cited by 7]

Punjab-Haryana High Court

Union Territory Of Chandigarh vs Jai Parkash on 16 August, 2010

Bench: Ram Chand Gupta

Criminal Appeal No.599-MA of 2010                                -1-



        IN THE HIGH COURT OF PUNJAB AND HARYANA
                      AT CHANDIGARH

                       Criminal Misc.No. 30411 of 2010 and
                       Criminal Appeal No.599-MA of 2010
                       Date of decision:- 16.8.2010

Union Territory of Chandigarh

                                                  ...Appellant

                       Versus
Jai Parkash

                                                  ...Respondent


CORAM: HON'BLE MR. JUSTICE RAM CHAND GUPTA


Present:- Mr. N.S. Shekhawat, Advocate
          for the appellant.

RAM CHAND GUPTA J.(Oral)

The present appeal has been filed against the judgment of acquittal passed by the Chief Judicial Magistrate, Chandigarh in criminal complaint State (Food Inspector) versus Jai Parkash in P.F.A. Case No.264, decided on 09.4.2008, under Section 7(ii) and Section 16(1)(a)(i) of Prevention of Food Adulteration Act, 1954.

The appeal is accompanied by an application under Section 5 of the Limitation Act for condonation of delay. There is delay of 615 days in filing the present appeal.

I have heard learned counsel for the applicant-appellant on the application for condonation of delay.

The grounds taken for condoning the delay in the application for condonation of delay are as under:-

"After the passing of the impugned judgment, the certified copy was taken and the file was taken up at various levels in the Government. Due to this process, the delay of 615 days has occasioned."

Criminal Appeal No.599-MA of 2010 -2-

The application is accompanied by an affidavit of the counsel and is not accompanied by any affidavit of the concerned officer/official of the petitioner Department. It is very vague application. It has not even been mentioned as to at what level and for which period the file remained pending. Hence, no ground what to talk of sufficient ground, is made out for condonation of delay of 615 days in filing the present appeal.

The application is dismissed.

The present appeal is also dismissed as having not been filed within the prescribed period of limitation.

August 16, 2010                            ( RAM CHAND GUPTA )
vj                                               JUDGE

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