A convicted applicant sought condonation of a 30-day delay in filing a connected appeal under Section 5 of the Limitation Act. The court found the delay adequately explained and allowed the application.
The delay of 30 days is condoned and the connected appeal is allowed to be filed.
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GAHC010032082018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
I.A.(Crl.) 258/2018
1:SHIV KUMAR VERMA S/O HAR PRASAD VERMA R/O VILL. DHANETI KHARAGPUR P.O. AND P.S. ALIGANJ SUB DIVISION BAREILLY SADAR DIST. BAREILLY U.P. 243302
VERSUS
1:UNION OF INDIA REPRESENTED BY SRI P. BISHWARJIT SINGH INTELLIGENCE OFFICER NARCOTIC CONTROL BUREAU (NCB) GUWAHATI ZONAL UNIT.
Advocate for the Petitioner : MR N AHMED Advocate for the Respondent : ASSTT.S.G.I.
BEFORE HONOURABLE MR. JUSTICE MIR ALFAZ ALI
ORDER
Date : 10-04-2018
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By this application under Section 5 of the Limitation Act, the applicant, who has been convicted, has prayed for condoning 30 days of delay in preferring the connected appeal.
Heard learned counsel for the applicant as well as learned counsel for the Union of India.
Having considered the reasons assigned in the petition, I find that delay of 30 days has been sufficiently explained entitling the petitioner’s indulgence in preferring the appeal after the statutory period.
Accordingly, the delay stands condoned and the petition is allowed.
IA stands disposed of.
SD/-
JUDGE
Comparing Assistant
1 issue framed by the court
Whether 30 days delay in preferring an appeal is condonable under Section 5 of the Limitation Act.
SHIV KUMAR VERMA
UNION OF INDIA
MIR ALFAZ ALI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
