STATE OF M.P. Vs. ANWAR

JUDGEMENT

(1.) THIS is a State appeal against acquittal filed 34 days beyond limitation. There is no sufficient cause for the delay made out even in the application. Copy of the judgment dated 10.4.92 was applied for on 25.4.92 and 2.5.92 was the date given for appearance but the copy was collected on 9.7. 92. In the meanwhile on 30.6.92 the copy was ready. Copy alongwith the record and opinion of the Government pleader was then sent to the District Magistrate on 21. 7.92 which was received by the D.M.s office on 30. 7. 92. As to how 9 days time was taken to transmit the record from A.G.P. Mandsaur to D.M. Mandsaur is also inexplicable. The original record was then called by the D.M. on 10.8.92 after 10 days and was received by him on 23.9.92 i.e. after more than a month. Then the matter was sent to the Law and Legislative Affairs Department of the State at Bhopal, on 24.9.92 which was received there on 15.10.92. Again about 3 weeks time was taken for transmitting the record from Mandsaur to Bhopal. Then the file was sent to Additional Advocate General Office Indore on 16.10.92 and the appeal was filed on 17.10.92. It is clear that the matter has not been treated seriously at any stage. It is a serious matter that in a case involving a narcotic substance the State should have proceeded in such a manner. However, it is not for this Court to condone delay only because the case is of serious nature, without the delay being explained. This Court is also helpless. The appeal alongwith the prayer for leave to appeal is rejected as being made beyond limitation. Let a copy of this order be sent to the chief Secretary of the State for appropriate action against those who have dealt with such a serious matter under the N.D.P.S. Act so lightly and calously.