Page No.# 1/3 GAHC010148662025 2026:GAU-AS:14433 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/721/2025 DULAL BORO S/O. JAGAT BORO, VILL.- DASINGIMARI BARPATHAR, P/O. BARPATHAR, DIST. GOLAGHAT, ASSAM, PIN-785602. VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM. Advocate for the Petitioner : MR R ISLAM, FOR LEGAL AID Advocate for the Respondent : PP, ASSAM, Linked Case : EC/0/0 DULAL BORO ASSAM VERSUS THE STATE OF ASSAM REP BY PP ASSAM ------------ Advocate for : ROFIQUL ISLAM Advocate for : appearing for THE STATE OF ASSAM Page No.# 2/3 Linked Case : ST.Rev./0/0 DULAL BORO ASSAM VERSUS THE STATE OF ASSAM REP BY PP ASSAM ------------ Advocate for : ROFIQUL ISLAM Advocate for : appearing for THE STATE OF ASSAM BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 28.09.2026 Heard Mr. R. Islam, learned Legal Aid Counsel appearing for the applicant. Also heard Mr. K.K. Das, learned APP appearing for the State of Assam. By this application under Section 5 of the Limitation Act, 1963 the applicant has prayed for condonation of the delay of 789 days in filing the connected criminal appeal. The learned counsel appearing for the applicant submits that the criminal appeal is sought to be filed challenging the judgment and order dated 20.02.2023 passed in NDPS Case No. 45 of 2018 by the learned Additional Sessions Judge No. 2, Kamrup (M) whereby the applicant was convicted under Section 20(b)(ii)(C) of the NDPS Act and sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 1,00,000/- and in default of payment of fine to undergo rigorous imprisonment for a further period of 6 months. The learned counsel appearing for the petitioner submits that the grounds for Page No.# 3/3 the delay have been stated in paragraphs 3 and 4 of the instant application. It is stated therein that after the judgment and order was passed on 20.02.2023, although the applicant intended to prefer an appeal there was no one in the family to take steps for filing the same. It is further stated that the applicant thereafter came to know about the availability of free legal aid services and submitted an application before the District Legal Services Authority through the Superintendent of the Central Jail on 22.04.2025, requesting that an appeal be filed before this Court challenging the aforesaid judgment and order. The said application was thereafter forwarded to the Secretary, Gauhati High Court Legal Services Committee along with all the relevant documents. The Secretary subsequently endorsed the matter to the learned counsel appearing for the applicant, who took some time to prepare and file the appeal resulting in a delay of 789 days. Mr. K.K. Das, learned APP, in his usual fairness, submits that the case may be heard on merits by this Court. This Court is satisfied with the grounds for delay narrated in the said application and in the interest of justice, condones the delay of 789 days in preferring the criminal appeal. The I.A. is accordingly disposed of. The Registry is directed to register the criminal appeal and list the same for admission. JUDGE Comparing Assistant