Public Analyst without any undue delay, but there was undue delay in launching of the prosecution coupled with the fact that preservatives were not added ... acquitting the accused because of the delay in conducting the analysis and the delay in launching the prosecution so as to defeat the right
Public Analyst having been sent on 23.10.1961 to the prosecution, the prosecution could have been launched well in time to enable the respondent to exercise ... learned Magistrate acquitted the accused holding that there was undue delay in launching prosecution and that the delay was untenable. Against the acquittal, the Food
prosecution version on account of such delay, the
delay would be fatal to the prosecution. However, if the delay is explained to
the satisfaction ... prosecution version on account of such delay, the delay
would be fatal to the prosecution. However, if the delay is explained to the
satisfaction
incriminating against the accused in the medical
evidence produced by the prosecution.
DELAY IN FIR
35.The contention of the counsel for the accused that ... registration of the FIR would be fatal to the
prosecution. Once the delay has been sufficiently explained, the
prosecution case would not suffer. However
against the interest of the prosecution. Of course,
there may be cases where the prosecution, for whatever reason,
also delays the proceedings. Therefore, in every ... consistent with delays, and has orderly expedition,
rather than mere speed, as its essential ingredients; and whether
delay in completing a prosecution amounts
accused in the
medical and forensic evidence produced by the prosecution.
DELAY IN FIR
34.The contention of the counsel for the accused that there ... registration of the FIR would be fatal to
the prosecution. Once the delay has been sufficiently explained, the
prosecution case would not suffer. However
accused in the medical and
forensic evidence produced by the prosecution.
DELAY IN FIR
30.The contention of the counsel for the accused that there ... registration of the FIR would be fatal to the
prosecution. Once the delay has been sufficiently explained, the
Sessions Case Number : 96 of 2014.
Unique
appellant and its effects and also the effect of delayed prosecution
of the appellant. It is argued on behalf of the appellant that ... dealing with delay in sending the sample for
analysis and to show that the milk is a perishable item and delayed prosecution entitles
the accused
prosecution version on account of such delay, the delay would be fatal to the prosecution.
However, if the delay is explained to the satisfaction ... delay in reasonably explained, no adverse inference can be drawn but
failure to explain the delay would require the Court to minutely examine the prosecution
delay was not due to any negligence or lethargy of the prosecution. The delay in adducing the prosecution evidence was beyond the control ... Delay is a known defense tactic. It is usually the accused who is interested in delaying the proceedings. The delay ordi narily prejudices the prosecution