- 1 - HC-KAR NC: 2025:KHC:42907 CRL.A No. 357 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 357 OF 2022 (A) BETWEEN: THE STATE OF KARNATAKA BY POLICE SUB INSPECTOR MANGALURU NORTH POLICE STATION REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU-560 001 … APPELLANT (BY SRI.B.LAKSHMANA, HCGP) AND: 1. RAMEEZ RAJA S/O HUSSAIN AGED ABOUT 28 YEARS R/ AT THOUDUGOLI CROSS NARINGANA VILLAGE BANTWAL TALUK DAKSHINA KANNADA – 574 211 2. MOHAMMAD HANEEF S/O M.BAVA Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42907 CRL.A No. 357 of 2022 AGED 35 YEARS R/AT FATHIMA COMPLEX DOOR NO.1-75 RAMANUJAM CLINIC ASSAIGOLI, DERALAKATTE MANGALURU-575 022 3. IQBAL ARIS S/O HAMEED AGED ABOUT 29 YEARS R/AT SUHEFA RESIDENCY GREEN GROUND, BELMA VILLAGE DERALAKATTE, MANGALURU-575 022 …RESPONDENTS THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(1)(3) CR.P.C PRAYING TO a) GRANT LEAVE TO APPEAL AGAINST THE JUDGMENT AND ORDER OF ACQUITTAL DATED 26.08.2019 PASSED BY THE PRINCIPAL SESSIONS JUDGE / SPECIAL JUDGE, D.K., MANGALURU IN SPL.C.NO.76/2018 ACQUITTING THE ACCUSED PERSONS FOR THE OFFENCE P/U/S 8(c) R/W 20(b)(ii)(B) OF N.D.P.S. ACT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA - 3 - HC-KAR NC: 2025:KHC:42907 CRL.A No. 357 of 2022 ORAL JUDGMENT The State of Karnataka has preferred this appeal against the judgment of acquittal passed in S.C.No.76/2018 dated 26.08.2019 by the Principal Sessions Judge, Special Judge, D.K., Mangaluru. (for short hereinafter referred to as "Trial Court".) Along with this appeal an application is filed under Section 5 of the Limitation Act under I.A.No.1/2022, seeking to condone the delay of 813 days in filing this appeal. 2. This application is supported with the affidavit of L.M.Yelsangikar, Deputy Director of Prosecution (Litigation – I) in which he has stated that the judgment was passed by the Prl. District and Sessions Judge, Mangaluru, in S.C.No.76/2018 on 26.08.2019. The concerned Public Prosecutor applied for copy of the judgment on 27.08.2019. The trial Court issued the certified copy of the judgment on 03.09.2019 and he furnished his opinion on 20.09.2019 and sent the file to the Law Officer (Senior), Mangaluru Division. The Law Officer (Senior), Mangaluru Division has furnished his opinion on 01.10.2019, sent the records to the Inspector General of Police, Mangaluru and they furnished their opinion and sent the records to this - 4 - HC-KAR NC: 2025:KHC:42907 CRL.A No. 357 of 2022 office on 19.03.2020. The file was received in this office on 15.05.2020. 3. Sri. Chowdhary, Law Officer (Junior) has given his opinion on 04.06.2020 and Sri. Badarinath, Deputy Director of Prosecution has opined on 03.08.2020, that it is a fit case to file appeal. Accordingly, the file sent to Principal Secretary, Home Department, Bengaluru, on 06.08.2020. 4. The Principal Secretary, Home Department, Bengaluru, has opined that it is a fit case to file an appeal vide order bearing No.HD-5695/HCP-1-2020, dated 19.08.2020, and sent the records to Hon’ble High Court of Karnataka. On all these grounds, prays to allow this application and to condone the delay. 5. The Trial Court has passed the judgment on 26.08.2019. The Public Prosecutor has obtained the certified copy of this judgment on 03.09.2019. The appeal came to be filed on 21.02.2022. The State has not produced any materials to substantiate the averments made in this affidavit, but mechanically and casually this affidavit is filed. Absolutely, that there is no sufficient cause to condone the abnormal delay of - 5 - HC-KAR NC: 2025:KHC:42907 CRL.A No. 357 of 2022 813 days in filing this appeal. Hence, I proceed to pass the following: ORDER i. I.A.No.1/2022 filed under Section 5 of Limitation Act seeking to condone the delay of 813 days in filing the appeal is dismissed. ii. Consequently, the Criminal Appeal is also dismissed. Sd/- (G BASAVARAJA) JUDGE NM List No.: 1 Sl No.: 16