Page No.# 1/2 GAHC010230392025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/1186/2025 FILTER KALITA S/O. SRI SAMUEL KALITA, R/O. VILL.- MATUN BASTI DEOPANI, P/S. BARPATHAR, DIST. KARBI ANGLONG, ASSAM VERSUS THE STATE OF ASSAM AND ANR. REP. BY THE PP, ASSAM. 2:NITUL SAIKIA SUB-INSPECTOR (UB) P/S. KHATKHATI DIST. KARBI ANGLONG ASSA Advocate for the Petitioner : MR. R BORA, MS R MEDHI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 06.11.2025 1. Heard Mr. R. Bora, learned counsel for the applicant. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State. 2. Since, this Court is of considered opinion that the respondent No. 2 need not to be made party in this application, the notice to the said respondent Page No.# 2/2 is waived. 3. This application has been filed by the applicant under Section 5 of the Limitation Act, 1963 praying for condoning the delay of 13 days in preferring the connected criminal appeal by which the applicant has impugned the judgment dated 20.06.2025 and sentence passed on 21.06.2025 by the Court of learned Special Judge, NDPS, Karbi Anglong in NDPS Case No. 89/2022. 4. The learned counsel for the applicant has submitted that the applicant could not approach before this Court by preferring the appeal within the prescribed period of limitation due to his poor financial condition. Apart from that the petitioner has stated the grounds for delay in paragraph No. 3 of the instant application. 5. Though, the learned Additional Public Prosecutor has objected to the condonation of delay, however, considering the grounds stated in paragraph No. 3 of the instant application to be sufficient ground which prevented the applicant from approaching this Court for filing connected appeal within the prescribed limitation, the period of 13 days in preferring the connected appeal is hereby condoned. 6. The Registry to register the connected criminal appeal and list the same for admission in the next week on a date to be fixed by it. 7. This interlocutory application is accordingly disposed of. JUDGE Comparing Assistant