Uday Pahan vs The State Of Jharkhand
2023 Latest Caselaw 2146 Jhar

             IN THE HIGH COURT OF JHARKHAND AT RANCHI
                       Cr. Appeal (S.J.) No. 849 of 2022
        Uday Pahan                                     --- --- Appellant

                                         Versus
        The State of Jharkhand                               --- --- Respondent
                                             .......

CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR For the Appellant : Mr. Sourabh Kr. Das, Advocate For the State : Mrs. Vandana Bharti, A.P.P.

I.A. No. 647 of 2023 04/12.06.2023 Heard learned counsel for the appellant and the learned A.P.P. on I.A. No. 647 of 2023.

2. Learned counsel for the appellant submits that the instant interlocutory application has been preferred for condonation of delay of 4 days in filing the instant appeal, which has been preferred against the judgment of conviction dated 21.09.2022 and order of sentence dated 26.09.2022 passed by the court of learned Additional Judicial Commissioner-XV, Ranchi in NDPS Case No. 28 of 2020 arising out of Namkum P.S. Case No. 118 of 2020, whereby the appellant has been convicted under Section 15(b) of the NDPS Act and Section 29 r/w section 15(b) of the NDPS Act and sentenced to undergo R.I. for 5 years with a fine of Rs.50,000/- and a default sentence under each section. Further, it has been pointed out that the appellant is uneducated person and due to lack of knowledge he could not file the appeal well within time. Appellant belongs to a very poor family background and there is no willful mistake on behalf of the appellant.

3. Having been satisfied with the reasons as set out in the instant I.A. and the submission advanced on behalf of the appellant, delay in filing the instant appeal is condoned. I.A. No. 647 of 2023 is allowed.

Cr. Appeal (S.J.) No. 849 of 2022

4. This appeal is admitted for hearing.

5. Issue notice.

6. Call for the scanned copy of the lower court record in connection with NDPS Case No. 28 of 2020 arising out of Namkum P.S. Case No. 118 of 2020 from the court of learned Additional Judicial Commissioner

-XV, Ranchi.

(Navneet Kumar, J.) A.Mohanty