LAWS(CAL)-2022-6-109

IN RE: AN APPLICATION UNDER SECTION 401 READ WITH SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973. Vs. IN RE:- AN APPLICATION FOR BAIL UNDER SECTION 439 OF THE CODE OF CRIMINAL PROCEDURE IN CONNECTION WITH NDPS CASE NO.198 OF 2021 ARISING OUT OF LALGOLA P. S. CASE NO.698 OF 2021 DATED 17.09.2021 UNDER SECTIONS 21(C)/29 OF THE N.D.P.S. ACT.

Decided On June 02, 2022
In Re: An Application Under Section 401 Read With Section 482 Of The Code Of Criminal Procedure, 1973. Appellant
V/S
In Re:- An Application For Bail Under Section 439 Of The Code Of Criminal Procedure In Connection With Ndps Case No.198 Of 2021 Arising Out Of Lalgola P. S. Case No.698 Of 2021 Dated 17.09.2021 Under Sections 21(C)/29 Of The N.D.P.S. Act. Respondents

JUDGEMENT

(1.) This is an application for condonation of delay in connection with the instant revisional application being CRR No.1299 of 2022. It appears that this application has been filed after a delay of about 9 years and 4 months.

(2.) Mr. Chatterjee, learned advocate appearing on behalf of the petitioner, submits that the petitioner was not communicated by his learned advocate as to the dismissal of his appeal being Criminal Appeal No.93 of 2006 on 13/12/2012 by the learned Sessions Judge in the Court below. He submits that the petitioner came to know about the said order only on 6/4/2022, when he was arrested and thereafter he challenged the said order by filing this revisional application.

(3.) On behalf of the Kolkata Municipal Corporation, an affidavit has been filed against the application for condonation of delay. There is no specific denial as to the averments made by the petitioner in his application for condonation of delay.