I.A. 895/2016. Gauhati High Court
| Case Number | I.A. 895/2016 |
| Judgement Date | February 17, 2019 |
| Court | Gauhati High Court |
THE GAUHATI HIGH COURT
(The High Court of Assam : Nagaland: Mizoram and Arunachal Pradesh)
I .A. 895/ 2016 in Crl. L.P. 89/ 2016 in Crl. Appeal Sl. No.
Union of I ndia,
represented by the Assistant Commissioner of
Guwahati Custom Division, Nilomani Phukan Path, Christianbasti,
Guwahati - 5
.......Applican t
- Ver su s-
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Md. Sahabuddin Ahmed,
S/ O Md. Fajir Ali,
Village – Santipur, PO & PS – Rangia, Dist.- Kamrup, Assam.
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Shri Uttam Das,
S/ O Shri Haru Ch. Das,
Village- Pub Sarania, Bye- Lane No. 7, PO- Silpukhuri, PS- Chandamari, Guwahati – 3.
Kamrup (M), Assam
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Shri Madhurjya Kakati alias Maina Kakati, S/ O Shri Arnab Kakati,
North Sarania (Gandhi Basti),
Near L.P. School, PO- Silphukuri,
PS- Chandamari,
Guwahati – 3.
Kamrup (M), Assam
.........Respon den t s
BEFORE
THE HON’BLE MR. JUSTI CE PARAN KUMAR PHUKAN
For the Applicant : Mr. S.C. Keyal, ASGI
For the Respondent : Mr. M. Sarania, Advocate
Date of hearing : 17.02.2017
Date of judgement : 17.02.2017
JUDGEMENT AND ORDER (ORAL)
This condonation application under section 5 of the Limitation Act is filed by the petitioner, Union of I ndia for the delayed approach in preferring the connected appeal before this High Court against the judgment of acquittal pronounced by the learned Sessions Judge No. 1, Kamrup (M) in Sessions Case No. 355(K)/ 2005 whereby the learned court acquitted the accused of the offence under section 21 (C) read with section 29 of the NDPS Act.
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Admittedly the delay in preferring the appeal is 325 days. The applicant contended inter alia that the copy of the judgment dated 10.11.2014 was received and forwarded to the department in the month of January, 2015. The Assistant Commissioner of the department vide his letter dated 11.06.2015 informed the Deputy Commissioner, Guwahati Customs Division about the approval for filing of the appeal against the judgment and thereafter the Superintendent (Law) forwarded all the documents to its Senior Standing counsel for preparation of appeal along with necessary condonation application and for forwarding the same to the Superintendent (Law) for onward transmission for approval of the Commissioner, Customs Division on 11.06.2015 and since no communication was received from the Senior Standing counsel of the Department, the Superintendent (Law) again reminded the Senior Standing counsel for preparation of the appeal vide communication dated 17.07.2015 but no response was received from the Senior Standing Counsel.
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I t is also contended by the applicant that in the meantime the mandate of the Senior Standing counsel was over and the name of the Senior Standing counsel was not recommended for extension and as such the Senior Standing counsel was not authorised to continue as the Standing Counsel of the department. The Assistant Commissioner vide letter dated 29.07.2015 directed the Deputy Commissioner, Guwahati Customs Division to distribute the cases which were filed by the Senior Standing counsel and accordingly the cases were distributed amongst the remaining three Standing counsels of the department.
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Thereafter the case records were handed over to the Junior Standing counsel for preparation of the appeal along with the condonation...
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