Senthil v. State Of Tamilnadu Rep By Inspector Of Police, Dindigul

in Crl.A(MD)SR.No.81351 of 2025 N.MALA, J.

This petition has been filed to condone the delay of 171 days in filing the above criminal appeal against the judgement in C.C.No.654 of 2023, dated 15.04.2025 on the file of Learned I Additional Special Court for NDPS Act Cases, Madurai.

2.The petitioner was convicted and sentenced for the offence under Section 8(c) r/w 20(b)(ii)(B) of NDPS Act to undergo rigorous imprisonment for seven years and to pay a fine of Rs.70,000/-, in default to undergo simple imprisonment for eighteen months. 3.The petitioner in the affidavit filed in support of the condone delay petition stated that due to financial constraints and due to incarceration of his entire family, he was not able to file the criminal appeal in time and that the delay was neither wilful nor wanton. Therefore, the delay of 171 days in filing the above appeal may be condoned.

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4.The learned counsel for the petitioner submitted that the conviction has caused severe prejudice, irreparable loss and hardship to the petitioner and that due to financial constraints, the petitioner could not file the appeal in time. Hence, he prayed this Court to condone the delay of 171 days.

5.The respondent filed a counter affidavit stating that no sufficient cause was made out for condonation of delay of 171 days. 6.Heard both sides and perused the materials on record. 7.The Hon'ble Supreme Court, vide order dated 02.01.2025, in SLP.[Crl.].No.18045/2024, in the case of Mahesh Singh Banzara Vs. State of Madhya Pradesh, following its earlier judgment, in the case of Dilip S.Dahanukar Vs. Kotak Mahindra Co. Ltd [2007 [6] SCC 528], held that the right to appeal, particularly, when it concerns the liberty of the individual, is a fundamental right under Article 21 of the Constitution of India and that the High Court, while dismissing the appeal solely on the ground of delay, was bound to examine the reasons 2/4

for the delay. The Hon'ble Supreme Court, in the said case, condoned the delay of 1637 days in filing the appeal by accepting the similar reason of lack of monetary resources.

8.The petitioner herein, has also stated that due to financial constraints, the petitioner was not able to file the appeal in time. 9.Being satisfied with the reasons stated in the affidavit and in the light of the aforesaid judgment of the Hon'ble Supreme Court, this Court is inclined to condone the delay of 171 days, giving an opportunity to the petitioner to contest the statutory appeal on merits. 10.Accordingly, the delay of 171 days in filing the criminal appeal is condoned. The petition is ordered. Registry is directed to number the appeal, if it is otherwise in order and list the case for admission. 16.12.2025 sn 3/4

N.MALA, J., sn in Crl.A(MD)SR.No.81351 of 2025 16.12.2025 4/4