Avadh Behari Rohatgi, J.:- This is an appeal by the Municipal Corporation of Delhi (Corporation) from an order of acquittal passed in favour of the respondent by the Metropolitan Magistrate, Delhi dated 28th August, 1978.

2. A complaint was filed by the Corporation against the respondent under Sections 4 and 16 of the Prevention of Food Adulteration Act, 1954 in the court of the Magistrate. This was done on behalf of the Corporation by Shri R.N. Gujral, Assistant Municipal Prosecutor. The learned Magistrate acquitted the respondent. From his decision the Corporation appeals to this court.

3. Mr. Monga on behalf of the Municipal Corporation does not dispute that this appeal was not filed within 60 days. It was filed much after the period of 60 days. Now Sub-Section (5) of Section 378 of the Code of Criminal Procedure, 1973, provides that :

"(5) No application under Sub-Sec. (4) for the grant of special leave to appeal from an order of acquittal shall be entertained by the High Court after the expiry of six months, where the complainant is a public servant, and sixty days in every other case, computed from the date of that order of acquittal."

This Sub-Section means that where t