Hobiqul Islam, Son. of Sirajul Islam v. THE STATE of ASSAM
2026-04-06
Mitali Thakuria
body2026
DailyLaw.ai
ORDER : MITALI THAKURIA, J. Heard Mr. A. Atreya, learned counsel for the applicant/appellant. Also heard Mr. B. Sarma, learned Addl. P.P., Assam appearing on behalf of the State respondent. This application under Section 5 of the Limitation Act, 1963 for condonation of the delay of 883 days in preferring the connected Criminal Appeal, against the order of conviction and sentence dated 22.12.2022, passed by the learned Special Judge, Udalgur in Special NDPS Case No.4/2020, convicting the applicant/appellant to under R.I. for 10 years and to pay fine of Rs.1 lac with default stipulation, under Section 20(b)(ii)(c) of the NDPS Act. It is submitted by Mr. Atreya, learned counsel that the present applicant/appellant could not prefer the appeal within the period of limitation as he belonged to an economically poor section of the society and there was none in the family to advice for preferring appeal and only when the team of Studio Nilima: Collaborative Network for Research and Capacity Building apprised him about the right of the applicant/ appellant, he came to know about the same and through the District Jail, Udalguri, he preferred the present appeal with a delay of 883 days. There is no lashes or negligence on the part of the applicant/appellant in preferring the connected appeal. The learned counsel for the applicant/appellant further submitted that the accused is in the custody since last 5 years and accordingly, the appeal may be admitted, condoning the appeal. Mr. Sarma, the learned Addl. P.P., Assam submitted in this regard that the State has no objection if the delay is condoned, considering the reasons of delay, mentioned in the present interlocutory application. Hearing the submissions made by learned counsel for both sides and considering all aspects and the grounds of delay, which has been mentioned in the application, are also considered to be reasonable and justified grounds, the present interlocutory application for condonation of delay of 883 days is hereby allowed. Accordingly the Registry is directed to register the connected appeal and list the same for admission along with the Criminal Appeal No.192/2023. This interlocutory application stands allowed and disposed of.