Karukola Rajasekar v. State Of Tamilnadu Rep By Inspector Of Police,

CRL.MP(MD) No.18113 of 2025 in CRL.A.(MD)SR.No.66690 of 2025 N.MALA.,J.

This Petition is filed to condone the delay of 466 days in filing the above Criminal Appeal against the judgment of the learned Special Principal District and Sessions Judge for EC and NDPS Act Cases, Madurai made in C.C.NO.430 of 2023, dated 29.05.2024.

2.The Petitioner has been convicted by judgment made in C.C.NO.430 of 2023, dated 29.05.2024, by the learned Special Principal District and Sessions Judge for EC and NDPS Act Cases, Madurai, for the offences under Sections 8(c) r/w 20(b) (ii)(C), 25, 29(1) of NDPS Act. The Petitioner is sentenced to undergo 10 years rigorous imprisonment with payment of fine of Rs.1,00,000/-(Rupees one lakh only) and in default, to undergo six months simple imprisonment. 3.The Petitioner, in his affidavit, has averred that he was in custody from 18.10.2022 in Central Prison, Madurai and later, transferred to Central Prison, 1/4

Visakapattinam. The Petitioner would further aver that since he was in Central Prison, Visakapattinam, he was unable to contact his counsel and file the above Criminal Appeal in time, and therefore the delay of 466 days in filing the above Criminal Appeal.

4.The respondent has filed a detailed counter denying the averments.The respondent has contended that the Petitioner has failed to give satisfactory reasons and sufficient cause for condoning the delay of 466 days in filing the above Criminal Appeal.

5.I have heard the learned counel appearing on either side and perused the materials placed before this Court.

6.The averments in the Petition that the Petitioner was in custody from 18.10.2022 in Central Prison, Madurai and later, transferred to Central Prison, Visakapattinam, is not denied by the respondent. I find that the reason stated by the Petitioner in his Petition is plausible and sufficient for condoning the delay of 466 days and therefore, this Petition is allowed. The delay of 466 days in filing 2/4

the above Criminal Appeal, is condoned.

7.Registry is directed to number the Criminal Appeal, if it is otherwise in order and list it for admission in the usual course. 12.12.2025 vsn 3/4

N.MALA,J .

vsn ORDER MADE IN CRL.MP(MD) No.18113 of 2025 in CRL.A.(MD)SR.No.66690 of 2025 12.12.2025 4/4