Page No.# 1/2 vs Union Of India And Anr
2021 Latest Caselaw 1328 Gua

                                                                                      Page No.# 1/2

GAHC010034412020




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

                                Case No. : I.A.(Crl.)/194/2020

             SHRI NAVEEN KUMAR @ NAVEEN PRAKASH AND ANR
             S/O OM PRAKASH, R/O VILL AND P.O. SHARIFPUR, P.S. KURAWALI, DIST.
             MAINPURI, STATE UTTAR PRADESH

             2: SHRI RAKESH BABU
              S/O LT LAL SINGH
              R/O VILL. UDDETPUR
              P.O. PARONKH
              P.S. AUCHHA
              DIST. MAINPURI, UTTAR PRADESH

             VERSUS

             UNION OF INDIA AND ANR
             REPRESENTED BY CUSTOM DIVISION

             2:SHRI PUNYA KUMAR DEKA
              INSPECTOR
              CUSTOMS DIVISION
              GUWAHAT

Advocate for the Petitioner    : MS. S K NARGIS

Advocate for the Respondent : SC, CUSTOMS

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, Customs, for the Union of India.

Page No.# 2/2

This is an application under Section 5 of the Limitation Act, 1963, seeking condonation of delay of 1109 days in filing the connected criminal appeal.

The appeal is against the judgment and order dated 18.10.2016 passed in NDPS Case No.10/2015 by the learned Special Judge (Additional Sessions Judge (FTC) No.2, Kamrup (M)], convicting the appellant for offence under Section 20(b)(ii)(C) 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