SPLA 11/2014
In
GA 5/2014
With
Delay Condn. Appln. No.59/2014
Hon'ble Servesh Kumar Gupta, J.
Mr. R.K. Shah, Dy. Adv. Gen. (Cri.) for the State/appellant. Ms. Jyoti Joshi, Advcoate for the respondent. The State has preferred this appeal against the judgment and order dated 23.08.2013 passed by learned Special Sessions Judge, Champawat, whereby the accused persons Surender Kumar Bhatt along with second accused Naveen Singh Samant were acquitted for the offences of Section 8/20 of N.D.P.S. Act.
Accused Surender Kumar Bhatt was allegedly found in possession of 500 grams of Charas while Naveen Singh Samant was found in possession of 450 grams of Charas.
Learned Trial Judge has acquitted both the accused persons on the ground that there was slackness on the part of the prosecution to comply with the mandatory provisions of the NDPS Act, especially under Section 50 of the Act.
That apart, this appeal has been filed with a delay of 50 days, the reason whereof has been explained to be the procedural delay. I have gone through the grounds mentioned in the affidavit, annexed with the delay condonation application, and found that A.D.G.C. (Criminal) of District Champawat received the certified copy of judgment on 31.08.2013 and then he sent a proposal to the District Magistrate on 09.09.2013 with a delay of 9 days. The sanction letter was sent by the District Magistrate to the Government on 11.09.2013, while the sanction could be accorded almost after one and a half months. Thus, no plausible explanation has been offered for the delay. The Court is thus, not inclined to condone the delay. Accordingly, the delay condonation application is rejected. With the result, the special leave to appeal application as