(i) The total number of days taken from the date of passing the
order dated 01/07/2024 sought to be set-aside and the date of filing the
present application alongwith the accompanying appeal i.e. 24/09/2024 =
84 days;
(ii) The computation of time taken in filing the Criminal Appeal is the
total number of days taken to file the appeal i.e., 84 days - 30 days
permissible time to file the appeal = 54 days.
A. Seven days taken in obtaining the certified copy of the Order dated
01.07.2024:
That on 01/07/2024, the Special Public Prosecutor, NIA informed the
applicant about the Order passed by the Ld. Special Judge (NIA), Manipur
in Cril. Misc. (B) Case No. 55 of 2024 and subsequently, after receiving
comments from the Special Public Prosecutor, requested the Special PP
NIA to apply for obtaining a certified copy from the Court of Special Judge
(NIA), Manipur and as such, an application was submitted on 27.08.2024.
Further, the certified copy of the order dated 01.07.2024 was furnished to
the applicant on 10.09.2024.
B. Explanation of 9 days from 02.07.2024 till 11.07.2024:
C. Explanation of 5 days from 12.07.2024 till 16.07.2024:
That subsequent upon receiving the comment/note from the Special PP
(NIA), the applicant processed the same for forwarding to the NIA Head
Quarters, New Delhi for necessary action.
H. Explanation of another 12 days from 17.07.2024 to 29.07.2024:
Subsequently, the competent authority (NIA HQ, New Delhi granted
approval for filing appeal against the order dated 01.07.2024, before the
High Court of Manipur on 29.07.2024.
I. Explanation of another 15 days from 30.07.2024 to 14.08.2024:
That, the authority conveyed the approval of the Competent Authority and
requested to prepare a draft appeal for moving an appeal before the
Hon'ble Court. Consequently, the office of the Deputy Solicitor General of
India (DSGI), High Court of Manipur endorsed the matter to the present
Central Government Counsel (Shri BR Sharma) for taking up further
action alongwith the a draft of the appeal memo on 14.08.2024.
J. Explanation of another 8 Days from 15.08.2024 to 23.08.2024:
That after receiving the said instruction from the DSGI, Manipur, the
present counsel took 8 day time in settling and finalizing the draft appeal
of the Criminal Appeal assailing the order dated 01.07.2024, passed by
the Special Judge (NIA), Manipur in Cril. Misc. (B) Case No. 55 of 2023
and the same was submitted to the NIA, Manipur on 23.08.2024.
K. Explanation of another 11 Days from 24.08.2024 to 05.09.2024:
That after due file process, the draft Appeal was sent to the NIA HQ, New
Delhi for further comment and necessary vetting and the draft Criminal
Appeal on 27.08.2024 and the same was approved by the competent
authority on 05.09.2024, thereby requesting the present counsel to
proceed for filing the Criminal Appeal before the High Court of Manipur
assailing the impugned order dated 01.07.2024.
L. Explanation of another 18 days from 06.09.2024 to 24.09.2024:
The approved draft was forwarded to the present counsel for further
necessary steps on 06.09.2024. The present counsel made necessary
incorporation of certain comments and noting made by the authority in the
Criminal Appeal as well as Misc. Application for condonation of delay and
preparations were made for filing the Appeal Memo along with misc.
application. Further, delay of 7 (seven) days was also caused due to non-
availability of the present counsel in the station i.e. from 08.09.2024 till
14.09.2024, which in total took him about 18 days and could only file the
matter only on 24.09.2024.
The said delay in filing the Criminal Appeal was not intentional and
deliberate but was due to inevitable circumstances and the requirement
of necessary approval and vetting from the competent authority.
Therefore, the time taken in filing the Criminal Appeal was unavoidable.
That, the above referred Criminal Appeal has merit. Hence, the delay
caused in filing the Appeal i.e. from 31.07.2024 to 24.09.2024, may be
condoned in computing the statutory period of 30 days in preferring the
above referred Criminal Appeal against the Impugned Order dated
01.07.2024, passed by the Special Judge (NIA) Manipur in Cril. Misc. (B)
Case No. 55 of 2023, for the ends of justice.
[4] According to the appellant, under section 21 of the NIA Act, 2008,
it is prescribed that an appeal can be preferred before the Hon'ble High Court
even after the lapse of 30 days provided such appeal is filed along with an
application for condonation of delay within 90(Ninety) days from passing of
the impugned order.
[5] The learned senior counsel appearing for the respondent has
made objection for condoning the delay in filing the appeal.
[6] Considering the said provisions of the Act for condonation of
delay in filing the appeal, the said application is filed within 90(Ninety) days.
Therefore, we are satisfied with the reasons stated in the above affidavit and
consequently, we are allowing the condone delay application.
[7] In view of the above, the delay in 54(fifty four) days in filing the
appeal is condoned and according the application is allowed.
[8] List the appeal for admission if it is found to be in order.
JUDGE CHIEF JUSTICE
John Kom
