AJN 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4072 OF 2009 Union of India. ... Applicant Vs. Jayantilal @ Vikram @ Jabraram & Anr. ... Respondents Mr. D.N. Salvi for the Union of India. Mr. Lalla i/b Lalla & Lalla & Co. for respondent 1. Mr. Ayaz Khan for respondent 2. CORAM: MRS. RANJANA DESAI & MRS. V.K. TAHILRAMANI, JJ. DATED : 6TH APRIL, 2010. P.C.:- 1. There is 123 days' delay in filing the appeal. This application is filed by the Union of India for condonation of delay in filing the appeal. An affidavit is filed by Mr. K.S. Hate, Intelligence Officer, Narcotic Control Bureau, Mumbai in support of this application. 2. We have heard learned counsel for the applicant and AJN 2 learned counsel for the respondents. Basically, the case of the applicant is that counsel who was attending to this matter was busy and, therefore, he could not file the appeal in time. It is also stated that the record is voluminous and, therefore, more time was required to peruse it and prepare the appeal memo. Counsel for the respondents submitted that if this explanation is accepted, in every matter, it would be urged that because the counsel was busy, the appeal could not be filed. Practically, in all cases of Narcotic Control Bureau, record is voluminous. There is some substance in the submission of learned counsel for the respondents. But, in the peculiar facts and circumstances of the case and looking to the nature of the case, without making it a precedent, we are of the opinion that the delay deserves to be condoned and hence, delay is condoned. Application is disposed of. [MRS. RANJANA DESAI, J.] [MRS. V.K. TAHILRAMANI, J.]