IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

SPECIAL LEAVE PETITION(CRL.) NO. …….. OF 2022

IN THE MATTER OF:-

NARCOTICS CONTROL BUREAU, VARANASI ... PETITIONER

VERSUS

UDAY SHANKAR YADAV ... RESPONDENT

APPLICATION FOR CONDONATION OF DELAY IN FILING

THE PRESENT SLP
TO

THE HON’BLE CHIEF JUSTICE OF INDIA AND HIS

COMPANION JUSTICES OF THE HON’BLE
SUPREME COURT OF INDIA;
THE HUMBLE PETITION OF THE
PETITIONER ABOVE NAMED;

MOST RESPECTFULLY SHOWETH:

1. The present Special Leave Petition has been filed by the

Petitioners under Article 136 of the Constitution of India

against the common impugned final judgment and order

dated 03.08.2022 passed by the Hon’ble High Court of

Judicature at Allahabad at Lucknow Bench in Criminal

 misc. Bail Application 4860 of 2021, whereby the Hon’ble

High Court has allowed the bail application filed by the

Respondent who was arrested under section

8/20/27A/29 of the NDPS Act herein without

appreciating the legal position and facts and

circumstances of the case.

2. That, the contents of the main Petition are not repeated

herein for the sake of brevity and the same may be taken

as part and parcel of this application.

3. That there is a delay of 110 days in filing the Special

Leave Petition which is neither deliberate nor intentional

but on account of execution and performance of works

and responsibilities in the Government Department by

various officers at different stages as part of procedural

norms, conventions and rules which are absolutely

unavoidable at the time of filing of the Special Leave

Petition.

4. That, therefore the reasons for delay in the filing the

Special Leave Petition are mentioned herein

chronologically.
Date Event
03.08.2022 The Hon’ble High Court has allowed the bail

application filed by the Respondent.

…………. As requested by the department, the Ld. Counsel

has already given the opinion regarding the filing
of SLP.

01.09.2022 The proposal of SLP has been received at the

office of DDG (NR) from the zone.
The Proposal to file the SLP received by NCB
27.09.2022
(HQ) and it was processed.
The Proposal of SLP has been approved by the
27.09.2022
DG, NCB for the purpose of filing.
The concern file was forwarded before the Addl.
03.10.2022
Secretary, Ministry of Law & Justice,
Government of India.
The said File was forwarded to Addl. Govt.
06.10.2022
Advocate, Central Agency Section, Supreme
Court of India.
The Central Agency Section sent the file to
06.10.2022
Ld. Additional Solicitor General of India for
furnish the legal opinion about the filing of
SLP.
Ld. ASG tendered the opinion and sent file to
12.10.2022
CAS after considering the opinion.
The file marked for drafting SLP to panel advocate
17.10.2022
for filing SLP before this Hon’ble Court.
The draft SLP received by NCB (HQ) from Central
09.11.2022
Agency Section for annexing of documents and
 corrections.
Further, the draft forwarded to zone for annexing
11.11.2022
of the documents and corrections.
The present draft SLP received from the said
18.11.2022
zone after the multiple corrections.
The draft SLP forwarded to CAS for filing with
24.11.2022
the all annexures.
Hence the SLP filed before this Hon'ble Court.

1. That if the delay as explained hereinabove is not

condoned, substantial prejudice would be caused to the
Petitioner and to public interest. On the other hand, no
prejudice would be caused to the Respondents if the
aforesaid delay is condoned.
2. That the aspects highlighted above clearly indicate

that the authorities were acting bonafide and the

delay in filing the present Special Leave Petition is not

deliberate and willful but for the reasons mentioned

above. Therefore, if delay is condoned and the matter

is decided on merits, no prejudice will be caused to

anyone. If delay is not condoned the petitioner would

be put to great hardships and irreparable loss.

3. That the present application is therefore bone fide and in

the interest of justice.
 PRAYER

It is therefore most respectfully prayed that this Hon’ble Court

may kindly be pleased to:

(a) Condone the delay of 110 days in filing the present

Special Leave Petition against the common
impugned final judgment and order dated
03.08.2022 passed by the Hon’ble High Court OF
Judicature at Allahabad at Lucknow Bench in
Criminal misc. Bail Application 4860 of 2021;
and/or
(b) Pass any other order/orders that this Hon’ble Court
may deem fit and proper in the facts and
circumstances of this case.
AND FOR THIS ACT OF KINDNESS THE PETITIONER
AS IN DUTY BOUND SHALL EVER PRAY.
FILED BY:
Drawn on: RAJEEV RANJAN
Filed on: Mr. A. K. SHARMA
New Delhi ADVOCATE FOR THE PETITIONER