Single judge allowed an application seeking condonation of delay in filing an appeal against acquittal, directing officers to take action against an unlocated respondent under Section 82 CrPC.
Application for condonation of delay in filing appeal allowed; officers directed to take action against unlocated Respondent No. 1.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE SIDE JURISDICTION
CRIMINAL APPLICATION NO. 46 OF 2008 IN CRIMINAL APPLICATION NO. 313 OF 2008
Commissioner of Custom (P)
....Applicant.
Vs.
Mallaram Devashi & Ors.
....Respondents.
Ms. Anuradha Mane for the Applicant. Ms. M.R. Tidke, APP for the State. Mr. Abhishek Yende for Respondent Nos. 2 and 3.
CORAM: SMT. SADHANA S. JADHAV, J. DATE : 1 AUGUST 2013.
P.C.:-
The learned counsel submits that he waives service for
Respondent No.2. The learned counsel appearing for the Applicant
has filed an Affidavit of service of notice.
2 The learned counsel appearing for the Applicant submits that inspite of efforts, they could not locate the address of Respondent No.1. The officers shall take action under Section 82 of the Code of Criminal Procedure. Respondent Nos. 2 and 3 are duly represented.
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ssm 2
3 This is an Application seeking condonation of delay in filing an Appeal against the acquittal. The delay is of 169 days. For the reasons assigned in paragraph Nos. 5, 6 and 7, the delay needs to be condoned in the interest of justice. The counsel for the Respondent Nos. 2 and 3 has filed an Affidavit and has vehemently opposed to grant of the said relief. However, the learned counsel appearing for the Applicant submits that the delay needs to be condoned in the interest of justice. Hence the Application is allowed in terms of prayer clause (a).
4 Application is accordingly disposed of.
(SMT. SADHANA S. JADHAV, J.)
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1 issue framed by the court
Whether to condone a delay of 169 days in filing an appeal against acquittal.
1 provisions across 1 enactments
Commissioner of Customs
Mallaram Devashi
Sadhana S. Jadhav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
