HIGH COURT OF JUDICATURE AT ALLAHABAD GOVERNMENT APPEAL DEFECTIVE No. - 525 of 2013 Court No. - 66 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri V.D. Ojha, learned counsel for the State/appellant and perused the record. 3. Notice was issued to the accused/respondent order dated 25.11.2013. Office vide its report dated 25.9.2025 reported that notice has been served personally on the accused/respondent as per the report of C.J.M. concerned which is dated 6.2.2014. Despite service no one appears on his behalf even in the revised list. Service of notice is thus sufficient. 4. This appeal is reported to be beyond time by 329 days. 5. This appeal has been preferred against the judgement and order of acquittal dated 22.09.2012 passed by Additional Sessions Judge/Ex. Cadre, Court No. 15, Bulandshahar in Criminal Case No. 50 of 2011 State vs. Pappu, arising out of Case Crime No. 25 of 2011, under Sections 8/15 N.D.P.S. Act, Police Station- Ahmadgarh, District- Bulandshahar. 6. A perusal of the delay condonation application and affidavit in support of the same goes to show that the judgement and order of acquittal is dated 22.9.2012 after which the opinion of DGC (Criminal) was sent to the State through the District Magistrate concerned on 01.11.2012 and the District Magistrate forwarded the same on 20.11.2012 to the State Government after which the State Government passed a Government Order on 10.12.2012 for filing of the appeal. Proposal for filing of appeal Versus Counsel for Appellant(s) : G.A. Counsel for Respondent(s) : State of U.P. .....Appellant(s) Pappu .....Respondent(s) was received in the Government Advocate office on 11.12.2012 but certified copy of the impugned judgement was incomplete and then certified copy of the complete judgement and order was received in the office of Government Advocate on 6.02.2013 and in the meantime the limitation of filing it expired on 25.12.2012, paragraph 6 to 11 of the affidavit in support of delay condonation application has been placed before the Court. Subsequently a letter was sent by the Government Advocate's office for sending anyone to file delay condonation application but the said letter dated 6.2.2013 was not acted upon and then another letter dated 29.10.2013 was sent after which delay condonation application has been filed on 20.11.2013. The same shows that there is inordinate delay from 6.2.2013 to 20.11.2013, which is clearly a case of administrative lethargy. 7. The law with regard to the same is trite. The explanation has to be tendered on day to day basis and mere vague and passing reference of events cannot be termed as explanation. The Apex Court in the case of Shivamma Vs. Karnataka Housing Board: 2025 INSC 1104 has held that administrative lethargy cannot be a ground for condonation of delay and in the present matter the same is evident. 8. In view of the same, the said application is dismissed and the matter be consigned to the records. 9. Office to communicate this order to the concerned trial court/District and Sessions Judge for information and necessary follow-up action. October 10, 2025 Naresh GOVAD No. 525 of 2013 2 (Samit Gopal,J.) Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad