( 1 ) ONE Bhagwan Das was convicted under Section 7, of the Prevention of Food Adulteration act, 1954 (Act No. XXXVII of 1954) and sentenced under Si 16 thereof to pay a fine of Rs. 200/- or to undergo simple imprisonment for a period of two months, the case against him being that he had sold adulterated kali Mirch to Sri B. C. Dass, Food Inspector, appointed under the said Act.

( 2 ) BHAGWAN Dass appealed to the learned Ses-sions judge who by his order dated 10-8-1956 allowed the appeal and set aside the conviction and sentence of Bhagwan Dass. The Municipal board through its Medical Officer of Health and the Administrator who was complainant in the case preferred an application under Section 417 (3), Cr. P. C. for special leave to appeal from the order of acquittal. This application was made on 17-10-1956. Along with the application were filed copies of the judgments of the learned Magistrate and of the learned Sessions Judge. When this application for leave was taken up before us learned counsel for the opposite party contended that the application was filed beyond the period of limitation of 60 days from the date of the order of acquittal of the Sessions Judge as pre