Bombay High Court
GAYASHODDIN NIYAJUDDIN SHAIKHversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
The Court condoned the 102‑day delay in filing the appeal.
Summary
The appellant, Gayashoddin Niyajuddin Shaikh, was convicted by a Special Judge on 9 March 2026 under Sections 20(b)(ii)(C) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced to ten years of rigorous imprisonment. While in custody, he filed an interim application seeking condonation of a 102‑day delay in filing his appeal. The learned Appellate Court considered whether such a delay warranted condonation. Relying on the appellant's custodial status and the reasons set out in the application, the Court held that the delay could be condoned. Consequently, the interim application was allowed and the delay in preferring the appeal was condoned.
Issues considered
- Whether a delay of 102 days in filing an appeal against a conviction under the NDPS Act can be condoned.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(C), 29
Subjects
- NDPS Act
- appeal
- condonation of delay
- criminal procedure
- rigorous imprisonment
Judgment
13 APEAL(ST)-16906-26.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL (ST) NO. 16906 OF 2026
Gayashoddin Niyajuddin Shaikh ..Appellant
Versus
The State of Maharashtra …Respondent
WITH
INTERIM APPLICATION NO. 2958 OF 2026
WITH
INTERIM APPLICATION NO. 2959 OF 2026
Ms. Anima Mishra a/w Mr. Anuj Singh, Mr. Vinod Patil, Mr.
Ritu Singh, for the Appellant/Applicant.
Mr. D J Haldankar, APP for Respondent – State.
CORAM : N. J. JAMADAR, J.
DATE : 03rd September 2026
SAINATH
SANJAY
P.C.:
BODKHE
Digitally signed
by SAINATH
APPEAL(ST)/16906/2026
SANJAY BODKHE
Date: 2026.09.05
13:10:50 +0530
1. Heard.
2. Admit.
3. Call R & P.
IA/2959/2026
4. Issue notice to the respondent, returnable on 24 th
September, 2026.
SAINATH, PA 1/2
13 APEAL(ST)-16906-26.DOC
5. Mr. Haldankar, the learned APP, waives notice for
respondent.
IA/2958/2026
6. This is an application for condonation of delay of 102 days
in filing the appeal against an order dated 09 th March, 2026
passed by the learned Special Judge whereby the applicant has
been convicted for the offences punishable under Sections 20(b)
(ii)(C) and 29 of the Narcotics Drugs and Psychotropic
Substances Act, 1985 and sentenced to suffer rigorous
imprisonment for 10 years.
7. As the applicant has been in custody and for the reasons
assigned in the application, the delay deserves to be condoned.
8. Hence, the following order :-
::ORDER::
(i) The IA/2958/2026 stands allowed.
(ii) The delay in preferring the appeal stands
condoned.
[N. J. JAMADAR, J.]
SAINATH, PA 2/2
Checking your session…