STATE OF JAMMU AND KASHMIR Vs. DEVI SINGH

JUDGEMENT

(1.) The appellant-State is seeking indulgence of this Court for permitting them to file appeal against the order of acquittal dated 30.05.2014 passed by the learned 1st Additional Sessions Judge, Jammu in File No. 72/Sessions titled State v. Devi Singh and others, whereby the accused, who were facing trial for offences under Section 9A and 25A NDPS Act, have been acquitted.

(2.) The application seeking leave to appeal along with appeal is sought to be filed after a delay of 305 days. The delay in filing the application has sought to be condoned on the ground that on receipt of copy of the judgment from the trial court, the appellant immediately called for the record of the case and the matter after having been examined at different levels was considered to be fit for filing of appeal and the law department vide communication dated 06.02.2015 advised the appellant to file the appeal. This is the ground on which the condonation of delay of 305 days is sought for filing application seeking leave to file appeal along with appeal. A perusal of the application would show that the reasons shown in the application are not sufficient. There is delay of 305 days and it has nowhere been shown as to what were the sufficient reasons which caused delay of 305 days in filing the application.

(3.) It is true that the Courts should always take liberal approach in the matter of condonation of delay, particularly when the appellant is the Sate, but while considering the application, the Court should also find out as to whether there is any merit in the appeal filed by the State or not.