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Bombay High CourtAPPLN/5835/2012leave to appeal grantedrefused

The State Of Mah v. Chandrakant Gotiram Saklecha And ORS

2016-02-17Hon'Ble Shri Justice M.T. Joshi2 pages

(1) Cr. Appln. 5835/2012

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 5835 OF 2012 The State of Maharashtra .. Applicant Vs.

Chandrakant Gotiram Sanklecha & ors.

.. Respondents ---- Mr. A.R. Kale, A.P.P. for the applicant/State Mr. P.A. Pisal, Advocate for respondent nos.1 to 4 and 6 Respondent no.5 served - absent ---- CORAM : M.T. JOSHI, J.

DATE : 17/02/2016 ORAL ORDER :

Heard both sides.

2.

There appears to be arguable case regarding the fact, as to whether the mandatory compliance is made in the present case for the offences punishable under section 7(i) r/w. 2(ia)(a) and 2(ia) punishable under section 16 and 17 of the Prevention of Food Adulteration Act, 1954.

In the circumstances, the present application for leave to file appeal against the order of acquittal of the respondents by the learned Chief Judicial Magistrate, Jalna, is hereby granted.

(2) Cr. Appln. 5835/2012 3.

Application is accordingly allowed and disposed of.

4.

Appeal be registered as per due procedure of law.

[M.T. JOSHI] JUDGE arp/