State Of Rajasthan vs Samsudeen
2023 Latest Caselaw 5465 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Crml Leave To Appeal No. 287/2022

State Of Rajasthan, Through Pp

----Appellant Versus Samsudeen S/o Kamrudeen Chhipa Musalman, Resident Of House No. 60, Mohhamad Park, Nagma Nagar, Near Chhipa Society, Shah Aalam Roja, Police Station Dani Limda, District Ahembadab, Gujarat

----Respondent

For Appellant(s) : Mr. Abhishek Purohit, AGA

HON'BLE MR. JUSTICE FARJAND ALI

Order

01/08/2023

1. Heard on application under Section 5 of Limitation Act

preferred on behalf of the petitioner.

2. Considering the grounds mentioned in the application

regarding the process of obtaining the copy and after getting the

legal opinion by the District Collector and then sending the same

to the law department, a long time had been spent and it appears

that the delay was not caused deliberately rather the

circumstances were inevitable, therefore, the delay of 49 days in

filing the instant criminal leave to appeal is condoned.

3. The leave to appeal be treated within the limitation

4. Heard on leave to appeal application.

5. It appears that in a prosecution launched at the behest of

the State of Rajasthan, the learned trial Judge has acquitted the

accused respondent from the charges under Section 8/29 of NDPS

(2 of 2) [CRLLA-287/2022]

Act. There seems reasonable ground to allow the State to prefer

an appeal against the impugned judgment.

6. Accordingly, the instant application seeking leave to appeal is

allowed. The memo of leave to appeal application shall be treated

and registered as an appeal.

7. Office to proceed.

(FARJAND ALI),J 117-divya/-

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