Page No.# 1/2 GAHC010149092025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/221/2026 NIYAMAT ULLAH S/O MOFIZ ALI, R/O VILL. PUB CHANDMARI, P.S. NORTH LAKHIMPUR, DIST. LAKHIMPUR, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY PP, ASSAM. Advocate for the Petitioner : MR. M K DAS, A BHARADWAJ,C SAIKIA,S J DUTTA,MS. B CHETRY,MS Z ANJUM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 10.03.2026 Heard Mr. M. K. Das, learned counsel for the applicant and Mr. K. K. Parasar, learned Additional Public Prosecutor appearing for the State/respondent No. 1. Page No.# 2/2 By this application filed under Section 5 of the Limitation Act, the applicant has prayed for condoning the delay of 144 days in filing the connected Criminal Appeal against the Judgment and Order, dated 05.12.2024 passed by the learned Special Judge, Lakhimpur, North Lakhimpur in Special (NDPS) Case No. 11/2019. It is submitted by the learned counsel for the applicant that they have approached before the lower court for preferring appeal subsequently, they came to know that the appeal would lie before the High Court and being a driver in profession, faced significant hardship in arranging the necessary financial resources for pursuing the appeal which was further hampered by the fact that he was subsequently arrested and remains in judicial custody. Learned Additional Public Prosecutor has no objection to the prayer of condonation of delay since the present appeal is a statutory one. Having regard to the reasons shown that the petitioner was prevented by sufficient cause in approaching the court within the stipulated period, the prayer for condonation of delay is allowed. Accordingly, the delay of 144 days is hereby condoned. Registry is directed to register the connected Criminal Appeal and list the same for admission. This interlocutory application accordingly stands disposed of. JUDGE Comparing Assistant