Rule.
Learned APP Mr.Pujari waives service of rule on behalf of respondent-State.
This application is filed under Sec.5 of the Limitation Act, 1963 for condoning the delay of 31 days caused in filing the main criminal appeal against the judgment and order dated 4.11.2009 passed by the learned Sessions Judge, convicting the applicant for the offence punishable under Sec.20-b-ii-B of the NDPS Act and he has been sentenced to suffer rigorous imprisonment of five years with a fine of Rs.25,000/-, in default to further undergo simple imprisonment of one year.
Taking into consideration the averments made in the application, the application deserves to be allowed and it is hereby allowed. The delay caused in filing the appeal is condoned. Rule is made absolute accordingly.
(M.D.Shah, J.) Sreeram.
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