IN THE HIGH COURT OF ORISSA AT CUTTACK CRLLP No.167 of 2016 State of Odisha …. Petitioner Represented by Adv.- Mr. S.B. Mohanty, AGA -versus- Pradeep Biro …. Opposite Parties Represented by Adv.- Mr. B.K. Das, Advocate CORAM: JUSTICE DIXIT KRISHNA SHRIPAD JUSTICE M.S. SAHOO ORDER 01.07.2025 I.A. No.104 of 2016 1. The petition is accompanied by an application for condonation of delay and it is supported by affidavit. Delay just being 85 days is too short to condone. No prejudice would be caused to the other side by condoning the delay, since the matter would be taken up on merits. Non-condoning would result in prejudice to the public interest. In the above circumstances, the application is favoured and delay condoned. The I.A. is disposed of. ( Dixit Krishna Shripad ) Judge ( M.S. Sahoo ) Judge CRLLP No.167 of 2016 1. State seeks leave to file appeal inasmuch as the respondent has been acquitted of the offences punishable under the provisions of the NDPS Order No. 04. Order No. 05. Act. The punishment prescribed for the subject offences is 10 years imprisonment and fine. Public at large is interested in the administration of criminal justice. NDPS Act is a piece of Parliamentary Legislation enacted to give effect to International Conventions, to which India is a party and signatory. Under Article 51 of the Constitution of India, in terms of Kesavananda Bharati Sripadagalvaru v. State of Kerla, AIR 1973 SC 1461, it is held that International Conventions partake the character of domestic law, if they are otherwise not inconsistent with it, and that the Court should keep the same in mind while interpreting legislations made for giving effect to such Conventions. Same is elaborated in Jolly George Varghese v. The Bank of Cochin, AIR 1980 SC 470. In the above circumstances, leave as sought for, is accorded to the State to prosecute the appeal against acquittal order. Registry to take steps for conversion of the matter as a Government Appeal and the Trial Court is directed to issue bailable warrant to accused. ( Dixit Krishna Shripad ) Judge ( M.S. Sahoo ) Judge Prasant Designation: PERSONAL ASSISTANT