Manipur High Court
National Investigation Agency vs Deepak Sharma on 5 August, 2025
Author: Ahanthem Bimol Singh
Bench: Ahanthem Bimol Singh
Digitally signed by
KHOIROM KHOIROM
BIPINCHAN BIPINCHANDRA
SINGH
Serial No. 24
DRA SINGH Date: 2025.08.05
17:29:23 +05'30'
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
MC(CRL.A.) No. 28 of 2024
National Investigation Agency
... Applicant
- Versus -
Deepak Sharma
... Respondent
B E F O R E
HON'BLE THE CHIEF JUSTICE MR. K. SOMASHEKAR
HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH
O R D E R
[K. Somashekar, CJ]
05.08.2025
This miscellaneous application proceeding has been initiated under
Section 21(5) of the NIA Act, 2008 whereas, in this application seeking for
condonation of delay of 53 days. But, the office notice made therein indicates for
condonation of delay of 30 days in filing appeal being Appeal No. 255 of 2024.
Heard learned CGSC for the NIA, Mr. BR Sharma is present before
this Court physically and whereas, the aforesaid learned counsel stated that the
reasons stated in the application are justifiable and acceptable and accordingly,
seeking for condonation of delay of 53 days in filing the appeal.
On the contrary, learned counsel for the respondent, Mr. Ajay
Kumar Sahu who is appearing through video conferencing has made objection to
consider this proceeding for condonation of delay.
However, this miscellaneous application proceeding for
condonation of delay of 53 days is relating to the order rendered by the Special
Court, NIA. The appeal is nothing but to continue the proceeding and more so,
required for hearing of the case on merit in accordance with law by both parties.
However, in this application proceeding, it is deemed appropriate
to refer to the provision of Section 21(5) of NIA Act, 2008 which reads as thus:
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"(5) Every appeal under this section shall be preferred within a
period of thirty days from the date of the judgment, sentence or
order appealed from:
Provided that the High Court may entertain an appeal after
the expiry of the said period of thirty days if it is satisfied that the
appellant had sufficient cause for not preferring the appeal within
the period of thirty days:
Provided further that no appeal shall be entertained after
the expiry of period of ninety days."
Whereas, the Hon'ble Supreme Court in judgment of Sushila
Agarwal vs. Union of India (2024-25), in several Special Leave Petitions (SLPs)
likewise Sushila Devi, the Supreme Court temporarily stayed dismissal of NIA
appeals beyond 90 days. Appeal under Section 21(5) of the NIA Act, 2008 shall
not be dismissed due to delay of beyond 90 days.
Keeping in view of the ratio rendered by the Hon'ble Supreme Court
of India and equally the scope of the provision of Section 21(5) of NIA Act, 2008,
it is deemed appropriate to state that the reasons assigned in the application are
found to be justifiable and acceptable consequently.
Accordingly, the present miscellaneous application proceeding
being MC(CRL.A.) No. 28 of 2024 whereby seeking for condonation of delay of 53
days is allowed as sought for.
The miscellaneous case proceeding is hereby disposed of.
JUDGE CHIEF JUSTICE
Bipin
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