Md. Sakib vs State Of Odisha
2025 Latest Caselaw 10801 Ori

Orissa High Court

Md. Sakib vs State Of Odisha on 8 December, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                            CRLA No.1363 of 2025
            Md. Sakib                  .....         Appellant
                                                          Represented By Adv. -
                                                          Amrita Mishra

                                         -versus-
            State Of Odisha                    .....                   Respondent
                                                         Represented By Adv. -

                                                         Miss B.K. Sahu, AGA

                                 CORAM:
                  MR. JUSTICE ADITYA KUMAR MOHAPATRA
                                  ORDER

08.12.2025

Order No.

03. I.A. No.3351 of 2025

1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2. Heard learned counsel for the Appellant as well as learned counsel for the Respondent-State.

3. This is an application for condonation of delay of 24 days in the preparation and presentation of the present appeal.

4. The present appeal has been filed against the judgment dated 27.01.2025 passed in 2(a)CC Case No.55 of 2023(N) by the 1st Additional Sessions Judge-cum- Special Judge (NDPS), Berhampur thereby convicting the present Petitioner for commission of an offence under Section 20(b)(ii)(C) of the NDPS Act and he has been sentenced to undergo R.I. for maximum period of ten years and to pay a fine of Rs.1,00,000/-(rupees one

lakh).

5. Learned counsel for the Petitioner at the outset contended that since the Appellant was in custody, he found it difficult to arrange funds for engagement of a counsel and preparation of the appeal memo. Therefore, there is some delay which needs to be condoned to provide an opportunity to the Petitioner to prefer an appeal against the judgment of conviction.

6. Learned counsel for the State on the other hand objected to the condonation of delay on the ground that the delay has not been properly explained.

7. Having regard to the facts narrated in the I.A. application, on a careful consideration of the submission made by the learned counsel for the Appellant, this Court is inclined to condone the delay. Hence, the delay of 24 days is condoned subject to payment of Rs.200/- (Rupees Two Hundred) to the Advocates' Welfare Fund of the Orissa High Court Bar Association within fifteen days hence and furnishing money receipt thereof as proof of deposit.

8. It is made clear that if the cost is not deposited within the stipulated time, time extended for the Petitioner to surrender shall stand revoked automatically.

9. List this matter in the week commencing 05.01.2026 for admission.

( A.K. Mohapatra ) Judge Signature Sisir Not Verified Digitally Signed Signed by: SISIR KUMAR SETHI Designation: Personal Assistant Reason: Authentication Location: ORISSA HIGH COURT Date: 10-Dec-2025 17:00:12