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1 - 6 of 6 (0.24 seconds)Shivaji Sahebrao Bobade & Anr vs State Of Maharashtra on 27 August, 1973
5. Before I consider the arguments of the learned Advocates, it will be pertinent at this stage to cite the principle with regard to interference by the Appellate Court with an Order of Acquittal. The Supreme Court, in the case of Shivaji Sahebrao v. State of Maharashtra , was pleased to observe (at p. 1787 of Cri, L. J.):
Municipal Corporation Of Delhi vs Ghisa Ram on 23 November, 1966
He, however, stated that In order to give the benefit of the laches on the part of the complainant, the accused should have made some application under Section 13 (2) of the Prevention of Food Adulteration Act praying to the Court to forward the sample given to him to the Director of the Central Food Laboratory for his certificate. In the instant case no such application had been made to the Court. Mr. Patil stated that Accused No. 1 was not entitled in these circumstances to raise the question of delay and to seek the benefit or advantage of the laches on the part of the complainant. The learned Session Judge was pleased to place reliance upon the decision of the Supreme Court in the case of Municipal Corporation of Delhi v. Ghisa Ram wherein their Lordships were pleased to observe (at pp. 941-942 of Cri LJ):
Ajitprasad Ramkishan Singh vs The State Of Maharashtra on 2 May, 1972
In the instant case also accused No. 1 had not made any application to the learned Magistrate for forwarding the sample to the Director of the Central Food Laboratory and that being the case, accused No. 1 could not seek (the benefit of the laches committed by the prosecution in filing the complaint, 'l am, therefore, of the view that the learned Sessions Judge has acted contrary to the law as laid down by the Supreme Court in Ajitprasad Ramkishan Singh's case and I, therefore, think that there are strong and compelling reasons for interfering with the order of Acquittal. I, therefore, set aside the order of acquittal of accused No. 1 passed by the learned Sessions Judge of Ahmednagar and I convict the accused under Section 7 (i) read with Section 16 (1)(a) of the Prevention of Food Adulteration Act, 1954.
Section 13 in The Prevention Of Food Adulteration Act, 1954 [Entire Act]
The Prevention Of Food Adulteration Act, 1954
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