Mohammad School vs State Of U.P.
2016 Latest Caselaw 4660 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 28
 
Case :- CRIMINAL APPEAL DEFECTIVE No. - 522 of 2013
 
Appellant :- Mohammad School
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Syed Irfan Ali,Mohd. Naushad
 
Counsel for Respondent :- Govt. Advocate
 
Hon'ble Abhai Kumar, J.

Learned counsel for the appellant as well as learned A.G.A for the State are present.

Counter affidavit has already been filed.

Heard learned counsel for the appellant as well as learned A.G.A and perused the record.

This appeal has been filed with delay of 146 days. It has been submitted by the learned counsel for the appellant that delay has been explained in paras 2, 3, 4 of the affidavit filed in support of the application under Section 5 of Limitation Act, whereas learned A.G.A opposed the application and stated that delay is deliberate and is not properly explained.

The present appeal is against the conviction of the appellant under Section 20 (b) (ii) (C) of N.D.P.S. Act and he has been convicted for 10 years rigorous imprisonment and fine of Rs. 1,00,000/-. Under the facts and circumstances, it can not be said that delay has been caused deliberately rather the reasons given in the application are more acceptable and in the circumstances, it is found that reasons for delay in filing this appeal is sufficient and accordingly the delay in filing the appeal is condoned.

Office to allot regular number to the present appeal.

Heard on appeal.

Admit.

Summon the lower court record.

Learned A.G.A for the State may file counter affidavit within four weeks upon the bail application.

List immediately thereafter.

Order Date :- 29.07.2016

Vinod.