1 pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 80 OF 2009 IN CRIMINAL APPLICATION NO. 583 OF 2009 IN CRIMINAL APPEAL NO. OF 2009 Union of India .. Applicant Vs. Chandrakant Nagappa Koli and ors. .. Respondents (Org.Accd.Nos.1 to 4). Ms. P. H. Kantharia, Special Public Prosecutor with Mr. Y.M. Nakhawa for applicant. Mr. Ayaz Khan for respondent no.1. Mr. Sherali Khan for respondent nos.2 to 4. CORAM: B. H. MARLAPALLE & A. A. SAYED, JJ. April 15, 2010. P.C. 1. Heard Ms. Kantharia, the learned Special Public Prosecutor for the NCB. Mr. Ayaz Khan appears for respondent no.1 and Mr. Sherali Khan appears for respondent nos.2 to 4. 2 2. The Union of India, through the Intelligence Officer of the Narcotics Control Bureau (NCB) has filed Criminal Application No. 583 of 2009 seeking leave to appeal under Section 378(3) of Cr.P.C., against the order of acquittal dated 7/5/2008 passed by the learned Speical Judge for NDPS for Greater Mumbai in NDPS Special Case No. 151 of 2004. However, the said application has been taken out belatedly and hence this application for condonation of delay. 3. In our order dated 22/3/2010 we had noted that the delay was beyond four months and the application for seeking leave to appeal was required to be filed within 90 days. As per our directions additional affidavit has been filed by Shri S.S. Mehta, Intelligence Officer attached to the Narcotics Control Bureau, Mumbai. 4. Though much could be said about the said explanation, by our order dated 1/4/2010 passed in Criminal Application No. 41 of 2009 while condoning the delay of more than 150 days in filing similar application, we have issued certain directions to the Director General, NCB, New Delhi as well as Zonal Director, NCB, Mumbai Unit so that in future all these 3 applications are filed as expeditiously as possible and preferably within the limitation period. No affidavit in reply has been filed in opposing the affidavit, though in his oral arguments Mr. Ayaz Khan has pointed out that even in the additional affidavit filed by Shri S.S. Mehta, the reasons set out do not make out a case of good and sufficient reasons to condone the delay. We, therefore, deem it appropriate to condone the delay caused in filing Criminal Application No. 583 of 2009. 5. Hence, this application is allowed and the delay caused in filing Criminal Application No. 583 of 2009 is hereby condoned. 6. List the Criminal Application No. 583 of 2009 for admission on 19/4/2010. (A. A. SAYED,J.) (B. H. MARLAPALLE, J.)