Delhi High Court in a case tilted State vs Virender Khanna dated 31.10.2019 has observed that difference of opinion as to whether an appeal ought to be filed cannot be considered as a reasonable ground for delay.
The State has filed the present petition seeking leave to appeal against the judgment dated 02.04.2019 passed by the Additional Chief Metropolitan Magistrate, whereby the respondent was acquitted of the offences under Section 7/16(1)(a) of the Prevention of Food Adulteration Act, 1954.
Appeal had been filed belatedly. There is an inordinate delay of eighty-five days in filing the appeal.
High Court observed and held as under:
"The only explanation provided in the application for condonation of delay is that the delay was caused as the Additional PP had rendered an opinion that this was not a fit case to file an appeal. In the said circumstances, the files were escalated and, thereafter, DLA Prosecution Commissioner had opined that the above appeal be submitted for approval. The delay has not been explained on a day-to-day basis. Secondly, a difference of opinion as to whether an appeal ought to be filed cannot be considered as a reasonable ground for delay".
Read the Order here:
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