2013 (2) TMI 119

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..... uittal. Said acquittal is challenged in the Appeal with Application for Leave to file Appeal, but belatedly apparently with delay of about 110 days. As today none present for the Union of India, notice be issued to the Standing Counsel of Union of India requiring his presence in the matter and to explain the laxity of Counsel for Union of India who is assigned this matter, when apparently the pres .....

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..... there would be no question of entertaining this application. This has been clarified in the order dated3rd August, 2012. But it seems that nothing has been done by the department so far. If the department considers the prosecutor to be more important than the cause, it is the choice ofthe department. In that case, delay would not be condoned. Order dated 3rd August, 2012: 1. This is an appli .....

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..... this matter of condonation of delay of about 110 days in filing Appeal against the acquittal. 2. Respondent No.1 (orig. accused) was acquitted vide order dated 27.10.2010 by the Additional C.M.M., 3rd Court, Esplanade, Mumbai for the offence punishable under Section 120 B of Indian Penal Code, Section 5 of the Imports and Exports (Control) Act, 1947 and Section 135(1)(a) (b) of the Customs .....

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