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2021 Supreme(SC) 947

SANJAY KISHAN KAUL, DINESH MAHESHWARI, HRISHIKESH ROY
Union of India – Appellant
Versus
Jitendra – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. K.M. Nataraj, ASG, Mr. Shyamal Kumar, Adv., Mr. Shailesh Madyar, Adv., Mr. S.A. Haseeb, Adv., Mr. Virant Yadav, Adv., Mr. B. V. Balaram Das, AOR

ORDER :

1. A bail order passed in NDPS matter is sought to be assailed on the ground that the High Court failed to consider the mandatory requirements of Section 37 of the NDPS Act. The order of bail was passed on 20.12.2018 and the appeal has been filed after a delay of 607 days.

2. In our view, the explanation given is hardly satisfactory and, in fact, is a saga of gross negligence on the part of the concerned officers for prosecuting the remedy. The dates set out in the application show that on 06.02.2019, a proposal to file the special leave petition was sent by the zone to the NCB Headquarters and the Headquarters asked for additional documents on 26.02.2019. Thereafter, the documents were submitted on 16.07.2019.

3. The saga continues of these delays!

4. We have been repeatedly deprecating the practice of authorities coming before this Court after inordinate delays assuming as if the Law of Limitation does not apply to them. Repeatedly, reliance is placed on the judgments of vintage when technology was not easily available. No reference is made to the subsequent judgment in the Office of the Chief Post Master General & Ors. v. Living Media India Ltd. & Anr. –(2012) 3 SCC 563 whic

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