High Court of Bombay allowed a criminal application seeking condonation of delay for filing a leave to appeal in a customs case where the accused was acquitted, citing interest of justice.
Condonation of delay in filing application seeking Leave to Appeal allowed.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE SIDE JURISDICTION
CRIMINAL APPLICATION NO. 624 OF 2012
Union of India
....Applicant.
Vs.
Hansia Gulam Mohd. Ibrahim & Anr.
....Respondents.
Ms. Anuradha Mane for the Applicant. Mr. Qureshi M. Aftab for the Respondent. Ms. P.P. Shinde, APP for the State.
CORAM: SMT. SADHANA S. JADHAV, J. DATE : 1 AUGUST 2013.
P.C.:-
Heard.
2 This is an Application seeking condonation of delay in
filing an Application seeking Leave to Appeal by challenging the Judgment and order passed by the Additional Chief Metropolitan Magistrate, 3rd Court, Esplanade, Mumbai in C.C. No.8/CW/2004 dated 11 October 2010, thereby acquitting the Accused-present Respondent for the offence punishable under Section 132 and Section 135(1)(A) and Section 135(1)(ii) of the Customs Act, 1962. The delay is of 1 year and 95 days. The learned counsel appearing for the
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Applicant submits that due to administrative difficulties, the Application seeking Leave to Appeal could not be filed within the stipulated time. For the reasons assigned in paragraph Nos. 5 to 10, the delay needs to be condoned in the interest of justice.
3 The learned counsel appearing for the Respondent has vehemently opposed the grant of condonation of delay in favour of the Applicant. The learned counsel for the Respondent submits that the accused is honourably acquitted and the Union of India has not filed the Appeal within the stipulated time hence, the administrative difficulties do not deserves to be considered. Upon hearing rival submissions, this Court is of the opinion that the Application seeking condonation of delay needs to be allowed in the interest of justice. Hence the Application is allowed in terms of prayer clause (a) and the same is disposed of accordingly.
(SMT. SADHANA S. JADHAV, J.)
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1 issue framed by the court
Whether condonation of delay in filing an application for leave to appeal is justifiable given the administrative difficulties cited by the applicant.
Union of India
Hansia Gulam Mohd. Ibrahim
Sadhana S. Jadhav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
