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2025 DAILYLAW 3020 (JK)

UNION OF INDIA THROUGH INTELLIGENCE OFFICER NARCOTICS CONTROL BUREAU v. SHEIKH WAHEED SHAFI AND ANOTHER

Crl LP(D)/18/2024 · 2025-08-12

Sanjay Parihar, Sanjeev Kumar

body2025

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Crl LP (D) No. 18/2024 CrlM No. 615/2024 Union of India .....Applicant(s)/Petitioner(s) Through :- Mr. Vishal Sharma, DSGI v/s Sheikh Waheed Shafi & Anr. .....Respondent(s) Through :- Mr. Sunil Sethi, Sr. Advocate with Mr. Vishal Mahajan, Advocate Mr. Rajneesh Raina, Advocate Respondents present in person CORAM: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR. JUSTICE SANJAY PARIHAR, JUDGE ORDER 12.08.2025 CrlM No. 615/2024 1. This is an application filed by the appellant seeking condonation of 197 days delay in filing the acquittal appeal against the judgment dated 07.07.2023 passed in case titled Union of India Vs. Sheikh Waheed Shafi & Anr. 2. We have heard learned counsel for the parties and perused the material available on record, sufficient cause is shown by the learned counsel for the appellant for filing the appeal after the period of limitation. 3. For the reasons stated in the application coupled with the submissions made at Bar, the application is allowed and the delay of 197 days in filing the acquittal appeal is, accordingly, condoned. Crl LP (D) No. 18/2024 1) We have gone through the judgment impugned and are of the view that a case is made out for considering the appeal on merits. Sr. No. 14 2 Crl LP (D) No. 18/2024 CrlM No. 615/2024 2) For the reasons stated in the application, it is allowed and leave to file appeal against the judgment dated 07.07.2023 is granted to the applicant. 3) Registry to diarize the main appeal. CrlA (AD) No. _____/2025 1. Heard. 2. Admit. 3. Post-admission notice waived by Mr. Vishal Mahajan, learned counsel appearing on behalf of Respondent No. 1. 4. Now, notice shall go to Respondent No. 2 only, subject to taking of requisite steps by the appellant, to be served through Senior Superintendent of Police concerned. 5. Send for the scanned copy of the record from the court below. 6. List for final hearing on 30.10.2025. 7. In view of the engagement of private counsel by the respondent, Mr. Rajneesh Raina who has been appointed by High Court Legal Services Committee is relieved. (Sanjay Parihar) (Sanjeev Kumar) Judge Judge JAMMU 12.08.2025 Manan