Pradeep Kumar versus State of H.P. Cr. Appeal No. of 2025 01.01.2026 Present: Mr. K.S. Gill, Advocate, for the appellant. Mr. Tejasvi Sharma & Mr. Mohinder Zharaick, Additional Advocates General, with Ms. Ranjna Patial, Deputy Advocate General, for the respondent. Cr.MP (M) No.3047 of 2025 Notice. Mr. Mohinder Zharaick, learned Additional Advocate General, appears and waives service of notice on behalf of the respondent-State. 2. Applicant-Pradeep Kumar, who is undergoing sentence in pursuance of the judgment of conviction and order of sentence dated 01.07.2025, passed by the Court of learned Special Judge, Sarkaghat, District Mandi, H.P. (hereinafter referred to as the ‘trial Court’), in NDPS Act No.30/2019, titled as ‘State of H.P. Vs. Rajesh Kumar and Another’, has filed the accompanying appeal before this Court. 3. By way of judgment of conviction and order of sentence dated 01.07.2025, the learned trial Court has convicted the applicant, along with one Rajesh Kumar, for the offence punishable under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’) and sentenced them to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.70,000/- each. In default of payment of fine, they have been sentenced to further undergo simple imprisonment for a period of three months. 4. Since the accompanying appeal has been filed after the prescribed period of limitation, as such, the present application for condonation of delay has been moved. 5. As per the report of the Registry, there is delay of 86 days, as occurred in preferring the accompanying appeal. The delay has mainly been attributed to the poor financial conditions of the applicant. 7. The prayer, as made, in the application, has been contested by the learned Additional Advocate General by tooth and nail, by submitting that the applicant has miserably failed to explain the delay in his application. 8. Heard. 9. Considering the fact that the applicant is presently undergoing sentence, in pursuance of the judgment of conviction and order of sentence, as referred to above, this Court is of the view that whatsoever has been pleaded about the non-filing of the appeal within the prescribed period of limitation, is certainly beyond the control of the applicant. 10. Moreover, considering the fact that the applicant has every right to prefer the appeal before this Court, as per the provisions contained in Bharatiya Nagarik Suraksha Sanhita, 2023, as such, the delay in filing the accompanying appeal is ordered to be condoned. 11. The application is thus disposed of. Cr. Appeal No. of 2025 12. Be registered. 13. Admit. Call for the record. Cr.MPST No.11115/2025 14. Learned counsel for the applicant does not want to press the present application, at this stage. The application is accordingly disposed of, being not pressed. (Virender Singh) Judge January 01, 2026 (ps)