Brief Facts
- The appellant-accused was acquitted by the Trial Court for the offence under the Customs Act of 1962.
- Against the acquittal, the Directorate of Revenue Intelligence (“DRI”) filed an appeal under Section 378 of Cr.P.C. before the High Court accompanied by an application of condonation of delay since the appeal was belated by 72 days. The delay condonation application was allowed by the High Court.
- Against the acquittal, the Directorate of Revenue Intelligence (“DRI”) filed an appeal under Section 378 of Cr.P.C. before the High Court accompanied by an application of condonation of delay since the appeal was belated by 72 days. The delay condonation application was allowed by the High Court.
- The appellant-accused then filed a recall application before the High Court seeking recall of its order whereby it allowed the delay condonation application of the DRI. However, the recall application was dismissed.
- It is against the dismissal of the recall application that the appellant-accused preferred a criminal appeal before the Supreme Court.
Issues
- Whether Delay Occurred in filing Appeal against acquittal under S.378 CrPC can be condoned under Section 5 of the Limitation Act?
Held
- In the present case, the Supreme Court held that the delay that occurred in preferring an appeal against the acquittal can be condoned under Section 5 of the Limitation Act, 1963.
- In the present case, there is no such exclusionary provision under Section 378 of CrPC, or at any other place in the Code. The benefit of Section 5 read with Sections 2 and 3 of the Limitation Act, 1963 can therefore be availed in an appeal against acquittal.
Relevant Para No.
- 7,8,11, 25