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2026 DAILYLAW 253 (GAU)

Md Harez Ali v. The State of AP

IA(Crl)/11/2026 · 2026-02-22

Budi Habung

body2026

Judgment text

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Page No.# 1/2 GAHC040002512026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : IA(Crl)/11/2026 Md Harez Ali Son of Md Murdas Ali, resident of Village Aminpara, PO and PS Rowta, Udalguri District, Assam. VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Mukbang Pertin, Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 23.02.2026 Heard Mr. Mukbang Pertin, learned counsel for the applicant. Also heard Mr. G. Tado, learned Additional Public Prosecutor for the State respondent. 2. This is an application filed under Section 5 of the Limitation Act, seeking condonation of delay of 460 days in preferring the connected appeal against the impugned judgment and sentence order dated 07.08.2024 passed by the learned Special Judge (NDPS), for the Districts of West Kameng, East Kameng Page No.# 2/2 and Tawang, Arunachal Pradesh in NDPS Case No. 21/2023. 3. The grounds for the delay in preferring the appeal has been explained in paragraph Nos. 5, 6 and 7 of the condonation application. 4. On consideration of the explanation stated in the aforesaid paragraphs, this Court is satisfied that the accused was prevented by sufficient cause from preferring the connected appeal within the stipulated time. 5. Mr. G. Tado, learned Additional Public Prosecutor, submits that he has no objection if the delay is condoned. 6. In view of the above, the delay of 460 days in preferring the connected appeal is hereby condoned. 7. With the above observation, the I.A. stands allowed and is disposed of. 8. List the connected appeal for admission on 05.03.2026. JUDGE Comparing Assistant