Allowed

Th. Thoiba Singh v. the State of Assam and Anr.

Gauhati HC9 Mar 2021I.A.(Crl.)/62/2021

Case brief

AI extract

What is this about?

An applicant moving the Gauhati High Court sought condonation of delay under Section 5 of the Limitation Act to file a statutory appeal against his NDPS conviction. The High Court, noting the applicant's custody and the lack of objection from the prosecution, allowed the application.

What did the court decide?

The delay in filing the connected appeal was condoned, and the appeal was registered as Criminal Appeal No. 42/2021.

Th. Thoiba Singh Vs the State of Assam and Anr. — Narcotics (NDPS) | Gauhati HC (2021)

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GAHC010013512021

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : I.A.(Crl.)/62/2021

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TH. THOIBA SINGH S/O- LATE TH. NAGESHAR SINGH R/O- OLD CHECKON KHANGLABUNGR P.S. PAROMPAT DIST.- IMPHAL EAST (MANIPUR) PIN- 795001.

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VERSUS

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THE STATE OF ASSAM AND ANR. TO BE REP. BY THE P.P. ASSAM

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2:CUSTOMS PREVENTIVE FORCE CACHAR SILCHAR P.S. SILCHAR DIST.- CACHAR ASSAM PIN- 788001. -----------Advocate for : MR. L R MAZUMDER Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR.

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BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

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ORDER

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Date : 09-03-2021

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Heard Mr. LR Mazumder, learned counsel for the applicant. Also heard Mr. RJ Baruah, learned Additional Public Prosecutor appearing for the State respondent No. 1.

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This interlocutory application has been filed, under Section 5 of the Limitation Act for condonation of delay of 531 (five hundred and thirty one) days in preferring the connected appeal against the impugned judgment and orders, dated 25.07.2018 and 31.07.2018, passed by the learned Special (NDPS) Judge, Cachar, Silchar in NDPS Case No. 06/2015, convicting the applicant under Section 20(b)(ii)(C) of the NDPS Act and sentencing him to suffer rigorous imprisonment for 10 (ten) years and to pay a fine of Rs. 1,00,000/- with a default clause.

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The applicant has stated that the delay in filing the connected appeal is due to the fact that he is a driver by profession and was in jail since 31.05.2015 and his family is facing acute financial hardship for which the instant appeal could not be filed within the period of limitation. He has submitted that he has a good case on merit.

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The learned counsel for the petitioner, Mr. Mazumder has prayed to this Court to condone the delay, the connected appeal being a statutory appeal and conviction and sentence being, as indicated above.

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Mr. Baruah, learned Additional Public Prosecutor has no objection to the prayer for condonation of delay in view of the fact that this is a statutory appeal against severe sentence, as indicated above.

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In view of such position, the appeal being statutory in nature and the applicant being in custody even now, this Court is of the view that the delay be condoned. Therefore, the delay is condoned. The connected appeal has already been registered as Criminal Appeal No. 42/2021.

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With the above observations and directions, this interlocutory application stands

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disposed of.

JUDGE

Comparing Assistant

Th. Thoiba Singh v. the State of Assam and Anr.

Case brief

What is this about?

What did the court decide?

Th. Thoiba Singh v. the State of Assam and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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