(Per : HONOURABLE MR.JUSTICE J.R.VORA) Rule.
Service of Rule is waived by learned Additional Public Prosecutor Mr. L.R.Pujari.
2. The present applicant being accused no. 4 of Special NDPS case no.13 of 2003 came to be convicted by learned Special Judge, Surat vide judgment and order dated 31st May, 2007 for the offence punishable under section 8(C) read with sections 20(B)(II) and 29 of NDPS Act and was sentenced to undergo rigorous imprisonment of 10 years and to pay fine of Rs. 1 lac. Hence the above appeal by appellat.
3. However, delay has been caused of 224 days and therefore, this application for condonation of delay.
4. Learned Advocate Ms. F.Y.Mansuri and learned Additional Public Prosecutor Mr. Pujari were heard in respect of this application. This application and appeal both are filed from jail by the applicant and having regard to the contentions raised and the grounds advanced in the application, delay caused of 224 days in preferring Criminal Appeal deserves to be condoned.
5. In view of the above, this application is allowed. Delay caused in preferring Criminal Appeal of 224 days is condoned. Rule made absolute.
(J.R.Vora,J) (D.N.Patel,J) ***darji Top