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Judgment
Sobhag Mal Jain, J.—By the judgment dated August 6, 1976 the Chief Judicial Magistrate, Nagaur convicted and sentenced the respondent for the offence u/s 7/16(1)(a) of the Prevention of Food Adulteration Act, 1954 (here in after referred to as ''the Act'') to six month''s simple imprisonment and a fine of Rs. 1000/-, in default of payment of fine to 1-1/2 month''s further simple imprisonment. On appeal by the accused respondent, the Sessions Judge, Merta by the judgment dated October 31, 1977 acquitted the accused. The acquittal was passed on the ground that there was a complete non-compliance of the provisions of the proviso to Section 11(1)(a) of the Act. This appeal by the State arises on leave granted by this court on November 13, 1978 u/s 378(3) of the Code of Criminal Procedure.
I have heard the Public Prosecutor for the State and Shri R.L. Jangid for the accused. I am not inclined to interfere with the order of acquittal in the present case for the reason that the occurrence relates to the year 1973. It is more than 14 years now. It appears that the accused remained in custody for more than 15 days and no useful purpose will be served now if the acquittal of the accused is set aside. It would defeat the ends of justice instead of advancing it.
3, The result is, the appeal filed by the State u/s 378(3), Cr. PC is dismissed.