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Bombay High CourtCRMA/77/2025delay condoned

Otto Mora Salazai, Presently In Colvale Central Jail v. State Of Goa, Thr. Anti Narcotic Cell Police Station And ANR

2025-07-29Hon'Ble Shri Justice Valmiki Menezes2 pages

2025:BHC-GOA:1347 CRMA 77 of 2025 Jose

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL MISC. APPLICATION NO.77 OF 2025 IN CRIMINAL APPEAL NO.144 OF 2025 (F) OTTO MORA SALAZAI, PRESENTLY IN COLVALE CENTRAL JAIL ... APPLICANT

Versus

STATE OF GOA, THR. ANTI NARCOTIC CELL POLICE STATION AND ANR ... RESPONDENTS Ms. Shweta Shetgaonkar with Mr. Sanket S. Mahambre, Advocates for the Applicant.

Mr. S.G. Bhobe, Public Prosecutor for the Respondents/State. CORAM:- VALMIKI MENEZES, J.

DATED :- 29th July, 2025 P.C.:

1. Registry to waive office objections and register the matter.

2. This is an application for condonation of 700 days delay in filing the Appeal against a Judgment and Order of conviction under Section 20(b)(ii)(C) of the NDPS Act. By the impugned Judgment, the Sessions Court has convicted the Applicant to undergo rigorous imprisonment of 10 years and to pay a fine of Rs.1,00,000/- and in default to undergo further imprisonment of 6 months.

3. It is the Applicant's case that he is 77 years old and after the order 29th July, 2025

CRMA 77 of 2025 of conviction was passed, he had no financial means to engage legal Counsel, hence applied for Legal Aid from the GSLSA. The main cause for delay was the time taken for appointment of an Advocate under the Free Legal Aid Scheme, whilst the Applicant was throughout in custody since 09.02.2023, the date of his conviction.

4. The above facts constitute sufficient cause for condoning the delay. Hence, delay in filing the application is condoned.

5. Application stands disposed of.

6. Registry to register the Appeal.

VALMIKI MENEZES, J.

Signed by: JOSE FRANCISCO DSOUZA Designation: Personal Assistant Date: 29/07/2025 17:04:31 29th July, 2025