The main legal point established in the judgment is the condonation of delay based on procedural latches and failure to follow CBI guidelines, and the proposal for an amendment to the CBI Crime Manual, 2022, empowering the Additional Solicitor General.

ORDER

Bibek Chaudhuri, J. - Affidavit of service be kept with the record.

2. This is an application under Section 5 of the Limitation Act filed by the petitioner praying for condonation of delay in filing the application for special leave to appeal against an order of acquittal passed in Special Case No.42 of 2011 by the learned Judge, Special CBI Court No.2 Kolkata acquitting the opposite party of the charge under Section 7 read with Sections 13(2) and 13(1)(d) of the Prevention of Corruption Act.

3. It is submitted by the petitioner that Special Case No.42 of 2011 was disposed of by the court below regarding an order of acquittal of the charge under Section 7 read with Section 13(2) and 13(1)(d) of the Prevention of Corruption Act vide judgment and order dated 29th March, 2019. The petitioner being the Central Investigating Agency applied for certified copy of the judgment on the very date of delivery of judgment and it was delivered to it on 10th April, 2019. CBI received comments of the learned Senior Public Prosecutor on 2nd May, 2019 and file was placed before the Superintendent of Police, CBI for his comments. Such comment was received on 8th May, 2021. The Head of the Branch and Deputy Legal Advisor, CBI gave their comments on 21st August, 2019 and 28th August, 2019 respectively. Thereafter by an order dated 6th September, 2019 the Joint Director, CBI Kolkata Zone made a recommendation for filing an appeal against the impugned judgment. The file was sent to the Head Office of CBI at New Delhi on 6th September, 2019. Upon receipt of the file, the Director of Prosecution, CBI sought for the views of Additional Legal Advisor (Legal) on 9th September, 2019. The Additional Legal Advisor submitted his report on 3rd October, 2019 with a recommendation to file appeal against the impugned judgment and order of acquittal on 3rd October, 2019 and marked the file to the Joint Director and Head of the Zone, Kolkata on 4th October, 2019. The Additional Director, CBI sought for the views of the Director of Prosecution and the file was sent to him on 16th October, 2019. The Director of Prosecution submitted his comments on 14th February, 2020 recommending for filing appeal against the impugned judgment and the file was marked to the Additional Director, CBI. The Additional Director, CBI further marked the file to the Director, CBI on 19th February, 2020. The Director, CBI accorded approval to the recommendation for filing appeal against the impugned judgment and order on 20th February, 2020. The file was received back by CBI, ACB, Kolkata on 24th February, 2020. Pursuant to receipt of the approval again the file was moved through different hierarchy of the CBI on the ground that the period of limitation has expired in the mean time and the appeal ought to be filed with an application for condonation of delay. Finally the private application for filing appeal along with the private application under Section 5 of the Limitation Act for condonation of delay was forwarded to the learned Additional Solicitor General for CBI, Kolkata on 31st August, 2021. In such event there has been delay of 313 days in filing the instant appeal.

4. It is contended on behalf of the CBI that the CBI and its various departments were always keen to file an appeal within the period of limitation but there was considerable amount of delay due to the procedural latches to be carried out by the CBI for filing an appeal. Such latches were not intentional and accordingly the delay may be condoned.

5. It appears from the record that the application for special leave to appeal was filed on 9th February, 2022. The application under Section 5 of the Limitation Act was filed on 22nd February, 2022.

6. It is submitted by the learned Advocate for the petitioner that the impugned judgment was passed on 29th March, 2019. The application for certified copy of the judgment was made on the same date of delivery of judgment. The certified copy was received on 10th April, 2019. The ap