1 S IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.50/2010 IN CRIMINAL APPLICATION NO. 2748/2007 Intelligence Officer N.C.B., Mumbai Mumbai Zonal Unit Applicant Versus Narendra Bherulal Jain & Anr. Respondents Ms.Poornima Kantharia,APP for the applicant Mr.Ayaz Khan,Adv.for Res.1 & 2 Ms.S.V.Gajare,APP for State CORAM : B.H. MARLAPALLE & MRS.MRIDULA BHATKAR,JJ. DATE : 29th March, 2010 P.C. . We have heard Ms.Kantharia, learned A.P.P. appearing for the applicant . 2] This is an application for restoration of Original Criminal Application No.2748/2007 for leave to file appeal . We are not inclined to entertain this application for the following reasons which indicate that the applicant has been consistently casual and negligent in prosecuting its challenge to the judgment and order of 2 acquittal passed in NDPS(Special) Case No.18/2001 by the learned Special Judge under the N.D.P.S.Act on 29/6/2006. a] The application for leave to file the appeal (No.2748/2007) against the said acquittal though was filed on 16/8/2007, the deficit Court fees was paid only on 1/9/2007. b] Criminal Application no.2748/2007 had appeared before the Division Bench on 6/11/2009 and none was present for the applicant. So as to provide an additional opportunity the application was adjourned by one week and on the next date i.e.13/11/2009 none appeared for the applicant and it was under these circumstances, the application for leave to appeal was dismissed for non prosecution. c] The application was filed by the Intelligence Officer, Narcotic Control Bureau ,Mumbai Zonal Unit, Mumbai and leave to appeal was sought under section 378(3) of the Code of Criminal Procedure 3 instead of seeking the same relief under section 378(4) of the said Code. d] Even this restoration application has not been filed in time from the order dated 13/11/2009 . The explanation set out in paragraph 5 of this application states that the concerned Additional Public Prosecutor came to know of our order dated 13/11/2009 for the first time on 2/2/2010. We note our anguish for the manner in which such applications are moved by the Narcotic Control Bureau and not once but on number of occasions. Hence Criminal Application No.50/2010 is rejected. (MRS.MRIDULA BHATKAR, J.) (B.H. MARLAPALLE, J.)