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MEENAKSHI MADAN RAI, BHASKAR RAJ PRADHAN
Union of India, Represented By: Mr. Bikramaditya Chowdhury, Drugs Inspector – Appellant
Versus
Mukul Enterprises – Respondent
JUDGMENT
Bhaskar Raj Pradhan, J. - The Union of India (Applicant) has moved this application under Section 5 of the Limitation Act, 1963 seeking condonation of delay of 54 days in filing the Leave to Appeal under Section 378(3) of the Code of Criminal Procedure, 1973 (Cr.P.C.). The period of 54 days delay has been computed by the Applicant in terms of Section 378(5) of the Cr.P.C. on the ground that the complainant was a public servant.
2. The application states that by virtue of Section 378(5) Cr.P.C., the Applicant had time till 30.11.2022 to file the appeal but was filed on 24.1.2023 with a delay of 54 days. It is stated that the Applicant came to know about the judgment on acquittal on 21.6.2022 when the conducting counsel telephonically informed the Applicant. Thereafter, as mandated by rule 50 of the Drugs Rule, 1945, the Applicant sought permission through letter dated 28.6.2022 from his higher authorities, i.e., the Drugs Controller General of India, for necessary direction. It is stated that permission to challenge the impugned judgment was given vide letter dated 17.10.2022 which was received by the Applicant on 31.10.2022. Thereafter, it is stated by letter dated 1.11.2022
The court clarified that appeals by the State or Central Government are governed by a 90-day limitation period, and sufficient cause for delay must be demonstrated for condonation.
The Government or a Government agency is not a privileged litigant and is required to explain the delay in the same manner as an ordinary litigant to get the relief of condonation of delay under Sect....
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 Manua....
Appeal against acquittal – Benefit of Section 5 read with Sections 2 and 3 of Limitation Act, 1963 can be availed in an appeal against acquittal.
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