Javeed Basha v. The Intelligence Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-09-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI AND CRL A SR NO. 49745 OF 2025 Javeed Basha S/o.Saleem Basha, No.37/26, Elephant Tank, IInd Street, Ice House, Chennai600 014. Petitioner(s) Vs The Intelligence Officer, Narcotics Control Bureau, Chennai Zonal Unit, Chennai-600 090.

Respondent(s) PRAYER To condone the delay of 1797 days in filing this appeal against the judgement in CC.No.45/2015 passed by the Honble Principal Special Judge, Principal Special Court under EC and NDPS Act, Chennai dated 24.07.2018 For Petitioner(s):

Mr. R.Radha Pandian For Respondent(s):

Mr.N.P.Kumar, Special Public Prosecutor For NCB Cases 1/4

ORDER

This Criminal Miscellaneous Petition has been filed seeking to condone the delay of 1797 days in filing the above Criminal Appeal against the judgment dated 24.07.2018 passed in C.C.No.45 of 2015 on the file of Principal Special Judge, Principal Special Court under EC and NDPS Act, Chennai.

2. Mr.R.Radha Pandian, learned counsel for petitioner submitted that due to illness and due to financial constraints, however, his 3 rd son is also suffered with kidney ailment, the petitioner is not able to instruct counsel on record to prefer the above Criminal Appeal and only during month of July 2025, he gave papers to him, as a result of which, there is a delay of 1797 days in filing the above Criminal Appeal arose, which is neither willful nor wanton. Therefore, he filed this petition to condone the delay in filing the above Criminal Appeal. 3.Mr.N.P.Kumar, learned Special Public Prosecutor for respondent appeared and raised strong objections stating that the reason for the delay was not properly explained. Hence, he prayed to dismiss this petition.

4. Considering the facts and circumstances, and the reasons stated by the petitioner in the affidavit stating that due to illness as well as due to financial constraints, he is not able to file the appeal within a stipulated time, which 2/4

seems to be justifiable one and in order to give one opportunity, to avoid multiplicity of proceedings, this court is inclined to allow this petition on condition that the petitioner shall pay cost of Rs.2000/- (Rupees two thousand only) to learned Special Public Prosecutor within a period of one week from the date of receipt of copy of this order. Registry is directed to number the Criminal Appeal if it is otherwise found to be in order and post the matter on 08.10.2025. 25-09-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes rpp

1. Special Judge, Principal Special Court under EC and NDPS Act, Chennai.

2. The Intelligence Officer, Narcotics Control Bureau, Chennai Zonal Unit, Chennai.

3. The Public Prosecutor, High Court, Madras. 3/4

T.V.THAMILSELVI J.

rpp CRL MP No. 16731 of AND CRL A SR NO.

49745 OF 2025 25-09-2025 4/4