Department should not suffer on account of lapse of Special PP
THE Union of India had filed an application for condonation of delay of 110 days in seeking leave to file appeal against a judgement of acquittal.
The reason for the delay, the Special PP told the Court, is that he has been informed by the Dy. Commissioner of Customs, Prosecution Cell, that the earlier Special PP was responsible for not filing the appeal within the stipulated time and that he is being debarred from appearing on behalf of the Union of India in any Court and that the Bar Council is also being moved for the purpose.
The High Court held - " …since the lapse was on the part of Special PP against whom Department is taking action and since department should not suffer on account of lapse of Special PP, Application is allowed and delay is condoned."