(Per : HONOURABLE MR.JUSTICE J.R.VORA) Rule.
Service of Rule is waived by learned Additional Public Prosecutor Ms. Patel. Learned advocate Ms. Nita Banker and learned Additional Public Prosecutor were heard in respect of this application. The present applicant being accused no. 1 of Special NDPS case no. 1 of 2005 came to be convicted by the learned Additional Sessions Judge and Presiding Officer, Fast Track Court, Valsad vide judgment and order dated 28th September, 2007 for the offence punishable under section 8(C) and 22(C) of NDPS Act and was sentenced to undergo rigorous imprisonment of 10 years and to pay fine of Rs. 2 lacs. IN preferring the appeal, delay has been caused of 21 days and hence this Application.
2. This application and appeal both are filed from jail by the appellant and having regard to the grounds advanced by the applicant in his application, delay caused of 21 days in preferring Criminal Appeal is required to be condoned.
3. In the result, this application is allowed. Delay caused of 21 days in preferring Criminal Appeal is condoned. Rule made absolute.
(J.R.Vora,J) (D.N.Patel,J) ***darji