STATE OF J&K Vs. SUNIL KUMAR AND OTHERS

JUDGEMENT

(1.) Vide impugned judgment dated 31.03.2015, respondents after facing trial for commission of offences punishable under Section 8/20 NDPS Act have been acquitted, dissatisfied thereof, an appeal is proposed to be preferred that too after the prescribed period of limitation. Hence the instant applications, one for condoning the delay of 216 days and another for leave to prefer the appeal.

(2.) We have heard learned Deputy Advocate General as well as counsel for the respondents at length vis-a-vis merit of the case so as to ascertain as to whether grant of leave is warranted.

(3.) It is trite that sufficient cause for delay has to be construed liberally so as to advance substantial justice. When it appears that there is no valid ground for determination in the appeal, then to condone the delay and to grant leave to file appeal shall be an idle formality.