Smti Durga Devi vs The Union Of India And Anr
2021 Latest Caselaw 1327 Gua

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GAHC010040012020




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

                               Case No. : I.A.(Crl.)/197/2020

             SMTI DURGA DEVI
             D/O TANKANATH, R/O SATIKHOLA, SADAR HILL, WEST KANGPOKPI, P.S,
             KANGPOKPI, SENAPATI, DIST. MANIPUR, PIN 795129

             VERSUS

             THE UNION OF INDIA AND ANR
             REPRESENTED BY NCB

             2:ANJANI KUMAR
              INTELLIGENCE OFFICER
              NARCOTICS CONTROL BUREAU
              GUWAHATI ZONAL UNIT
             VIP ROAD
              RUPKUNWAR PATH
              CHACHAL
              GUWAHATI-781022

Advocate for the Petitioner   : MS. S K NARGIS

Advocate for the Respondent : SC, NCB

BEFORE HON'BLE MR. JUSTICE HITESH KUMAR SARMA 05-04-2021

Heard Ms. S.K. Nargis, learned counsel for the applicants/appellants. Also heard Ms. P. Das, learned counsel appearing on behalf of Mr. S.C. Keyal, learned Standing Counsel, for the respondent NCB.

This is an application under Section 5 of the Limitation Act, 1963, seeking condonation Page No.# 2/2

of delay of 1052 days in filing the connected criminal appeal.

The appeal is against the judgment and order dated 24.01.2017 passed in NDPS Case No.10/2016 by the learned Special Judge [Additional Session Judge No.2, Kamrup (M), Guwahati], convicting the appellant for offence under Section 21(C)/29 of NDPS Act, to suffer rigorous imprisonment for 10(ten) years and to pay a fine of Rs.1 lakh, with a default clause.

Since this is a statutory appeal and the sentence is on the higher side, this Court is inclined to condone the delay.

Accordingly, the delay is condoned.

Registry to register the criminal appeal and list the appeal before the Court for orders.

The interlocutory application, accordingly, stands disposed of.

JUDGE

Comparing Assistant