JUDGMENT
J.G. Chitre, J.
1. This application has been taken up for hearing which is delay condonation application.
2. The State is praying for condoning the delay of 65 days. The reason is that the delay was caused on account of the circumstances which were not under the control of the concerned departments. Shri Rajan Salvi opposed the prayer for delay condonation.
3. The certified copy of the impugned judgment and order was received on 21.3.2002 and the last date for filing of appeal was 15.6.2002. The Assistant Commissioner, Food and Drug Administration, Raigad moved proposal for filing the appeal against the acquittal on 5.6.2002. On 1.10.2002 a decision was taken to challenge the impugned order of acquittal and accordingly the Public Prosecutor, High Court (Appellate Side) Mumbai was requested to file the appeal. The Government Resolution in that context was sent to him on 3.10.2002.
4. Thus, it is obvious that though the persons concerned from the department were knowing that the appeal was to be filed before 15.6.2002, actions were taken very late and there is no reasonable justification. The office of the Public Prosecutor, High Court was requested to file the appeal on 1.10.2002. It is true that some latitude needs to be given to slowness of government machinery and red-tapism but there is limit to it.
5. Though Government Machinery suffers from matter moving from one table to another, the delay is caused in government departments on account of technical difficulties in processing. But there has to be reasonableness in it. Like any other litigant, Government is also obliged to take necessary steps for the purpose of taking legal action. The delay of some days can be considered and can be condoned. Of course, there has to be justification for that. In the present case, the respondents have acquired a vested right on account of the said inordinate delay on the part of the Government. That cannot be toppled easily and without sufficient justification. Thus, delay condonation application stands dismissed. Consequently, Appeal also stands dismissed.