Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010029202026
2026:GAU-AS:2597
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/154/2026 NERSING BASUMATARY S/O LATE SAMAR BASUMATARY R/O VILAGE NO. 1 NAHAR BARI PS SILAPATHAR DIST DHEMAJI VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. S A HUSSAIN, G BORO,MR D J HALOI Advocate for the Respondent : PP, ASSAM, Linked Case : OTC/0/0 NERSING BASUMATARY VILL 1 NO NAHAR BARI SILAPATHAR DHEMAJI VERSUS THE STATE OF ASSAM REPRESENTED BY PP ASSAM ------------
Page No.# 2/3 Advocate for : SAMSUL ALAM HUSSAIN Advocate for : appearing for THE STATE OF ASSAM
BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA
ORDER 20-02-2026 Heard Mr. S. A. Hussain, learned counsel for the applicant and Mr. P. S. Lahkar, learned Additional Public Prosecutor, for the State respondent.
2. This is an application filed under Section 5 of the Limitation Act for condonation of delay of 30 days in preferring the connected criminal revision petition against the impugned order dated 11.09.2025, passed in NDPS Case No. 379/2024 arising out of STF P.S. Case No. 06/2024 by the learned Additional District and Sessions Judge No.5, Kamrup (M), Guwahati rejecting the Zimma petition.
3. It is submitted by Mr. Hussain, that there is a delay of 30 days in filing the connected revision petition which occurred in obtaining the certified copy of the
order and in preparation of the connected revision it took some time and hence, they could not file the revision within the period of limitation and as such there was a delay of 30 days.
4. The learned Addl. PP raised no objection in condoning the delay.
5. Considering the submission made by the learned counsel for both sides, the grounds mentioned in the petition, which are considered to be justified
Page No.# 3/3 ground, the present interlocutory application is disposed of condoning the delay of 30 days in preferring the connected revision petition.
6. Registry is directed to register and number the connected criminal revision petition and shall list the same on a date to be fixed it.
JUDGE Comparing Assistant