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2025 DAILYLAW 22834 (GAU)

Smt. Lily Zothanpari and Anr. v. The State of Mizoram r/b Secretary to Govt. of Mizoram, Excise and Narcotics Dept. and Anr.

I.A.(Crl.)/21/2025 · 2025-06-09

Shamima Jahan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/2 GAHC030003462025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/21/2025 Smt. Lily Zothanpari and Anr. Tumpui, Kolasib 2: Smt. Lalparmawi VERSUS The State of Mizoram r/b Secretary to Govt. of Mizoram, Excise and Narcotics Dept. and Anr. Aizawl2:The Officer-in-Charge Special Narcotics Police Statio Advocate for the Petitioner : Mr. Joseph Lalchhanhima Renthlei Advocate for the Respondent : P.P./Addl.PP, Mizoram BEFORE HON’BLE MRS. JUSTICE SHAMIMA JAHAN 10.06.2025 Heard Mr. Joseph L. Renthlei, learned counsel appearing for the petitioners and Ms. Linda L. Fambawl, learned Public Prosecutor for the State of Mizoram. This application has been filed for condoning the delay of 213 days for preferring the connected Criminal Appeal. The applicants have prayed for condoning the delay of said number of days to file the Criminal Appeal challenging the Judgment & Order dated 13.07.2024 by which the petitioners Page No.# 2/2 were convicted under Section 21 (c)/ 8 (c) of the ND&PS Act, 1985 and sentenced to undergo Rigorous Imprisonment for a period of 10 years with a fine of Rs. 10,000/- each and with a default stipulation. The petitioner has given reasons for delay in Paragraph Nos. 4 – 9 of the I.A wherein the applicants had stated that with the applicants have no financial means or ability to file an appeal while in prison and as such, they tried to contact their friends outside the prison. However, no one came forward to help him. With the help of the other inmates, the applicants tried to obtain certified copies of their case through their counsels. However, the counsels concerned did not take steps for the said certified copies. The applicants thereafter came to know about the present counsel through a fellow inmate and as such, they immediately contacted the counsel through jail and sent the records to the present counsel for filing an appeal. The counsel, as such, filed the connected appeal on 29.05.2025 which a delay of 213 days. This Court finds the reasons genuine and as such, condones the delay that occured in filing the appeal. The Interlocutory application is allowed. The connected Criminal Appeal is to be registered by the Registry and the same may be put up for admission on the next date to be fixed by the Registry. I.A. stands disposed of. JUDGE Comparing Assistant