Limitation – Appeal against acquittal – Section 378(5) of Cr PC – Benefit of Section 5 of the Limitation Act to condone delay is available.
Appellant was one of four accused in the case under Section 135(1)(b) of the Customs act. On 6.10.2012, he was acquitted. The Respondent filed appeal under Section 378 of Cr PC with application for condonation of 72 days in filing the appeal. Delhi High Court allowed the said application on 18.5.2016.
Appellant filed application under Section 482 of Cr PC to recall the said condonation delay order on the ground that Section 5 of the Limitation Act does not apply since period is prescribed in Section 378(5) of Cr PC which does not contain provision for condonation of delay. This application was dismissed.
HELDL that the distinction between old section 5 of the Limitation Act 1908 Section 5 will not apply where limitation is given in Special Acts and new Section 5 of Limitation Act is applicable unless excluded by special laws and even in special laws when limitation is prescribed. A comparative provision of Section 29(2) of two Acts is reproduced in the judgment. There is no such exclusionary provision in Section 378 of Cr PC or any other provision of the Code. The benefit of Section 5 of the Limitation Act can, therefore, be availed in an appeal against acquittal.
Judgment dated 20.2.2024 in Mohd.Abbad Ali and another Vs. Directorate of Revenue Prosecution Intelligence (Criminal Appeal of 2024 arising out of SLP (Criminal) No.2052 of 2017).
