This order condones the delay of 105 days in filing an appeal against a conviction under the NDPS Act. The High Court found the explanation satisfactory and listed the appeal.
Condoned delay of 105 days; appeal to be numbered and listed for admission.
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GAHC010268642022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/6/2023
L. INAOCHA SINGH S/O L. KORA SINGH, VILL.- KHRIGATAMPAK, P.O. AND P.S.- CHURACHANDPUR, DIST.- CHURACHANDPUR, MANIPUR.
VERSUS THE STATE OF ASSAM AND ANR. REP. BY P.P., ASSAM.
2:ASI PANKAJ BORA S/O LATE GOBIN BORA
VILL.- BHELOWGURI
P.O. AND P.S.- BAJARI CHERRA
DIST.- MORIGAON ASSAM PIN- 782126
Advocate for the Petitioner : MS. J PAUL
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
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09.01.2023
(Suman Shyam, J)
Heard Ms. J. Paul, learned counsel for the applicant. Also heard Ms. S. Jahan, learned Addl. P.P., Assam appearing for the State.
This application has been filed under Section 5 of the Limitations Act, 1963 with a prayer for condoning the delay of 105 days in filing the connected appeal against the judgment and order of conviction dated 30.05.2022 passed by the learned Special Judge, Morigaon in NDPS Case No.03/2020 convicting the applicant under Section 22(C) read with Section 29 of the NDPS Act. We have gone through the explanation furnished in the application explaining the delay. Ms. S. Jahan, learned Addl. P.P., submits that she has no instruction for filing objection opposing the prayer made in the I.A.
Taking note of the explanation furnished by the applicant and having regard to the fact that the connected appeal is against the judgment and order of conviction whereby, the applicant has been sentenced to rigorous
imprisonment for 14 years and also to pay fine of Rs.1,00,000/-, we are of the considered opinion that this is a fit case where the delay of 105 days deserves to be condoned and the appeal be heard on merit.
We accordingly, condone the delay of 105 days in filing the appeal.
Office to number the appeal and list the same for admission.
I.A. stands disposed of.
JUDGE JUDGE
Comparing Assistant
1 issue framed by the court
Whether the delay of 105 days in filing an appeal against conviction under NDPS Act deserves condonation.
1 provisions across 1 enactments
L. Inaocha Singh
The State of Assam
Suman Shyam
Parthivjoyti Saikia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
