Authority: High Court of Jammu & Kashmir and Ladakh at Jammu
Order Date: 07 July 2026
Case Overview
- Parties: Union Territory of Jammu & Kashmir (Petitioner) represented by Advocates Mr. Vivek Mattoo and Mr. Vishal Bharti vs. Vijay Kumar (Respondent).
- Background: FIR No. 92/2025 registered at Police Station Vijaypur under the NDPS Act, alleging offences under Sections 8, 21, 22 & 25. The trial court (Principal Sessions Judge, Samba) convicted Vijay Kumar, imposing a fine of Rs. 10,000 and simple imprisonment for 20 days (order dated 07.12.2025, file No. 28/2025).
- Applications: (i) Leave to appeal application (Crl LP(S) No. 17/2026) seeking permission to file an appeal against the conviction; (ii) Application for condonation of delay (CrlM No. 1214/2026) seeking to regularise a 104‑day delay in filing the conviction appeal against the order dated 17.12.2025 of the Special Judge (NDPS Act), Samba.
- Observations: The Court noted that leave to appeal is required only in acquittal appeals, not in conviction appeals, rendering the leave application misconceived. Consequently, the application was dismissed. However, the Court clarified that the petitioner is entitled to file a conviction appeal without filing a leave application.
- Procedural Directions: Notice to the respondent (Vijay Kumar) to be issued, returnable within four weeks for filing objections in the Condonation of Delay (COD) petition. Service of notice to be completed within one week.
Final Outcome
- Dismissal of the leave‑to‑appeal application as misconceived.
- Permission granted to the UT of J&K to file a conviction appeal directly, without prior leave.
- Acceptance of the condonation of a 104‑day delay in filing the conviction appeal, subject to the respondent’s opportunity to object within four weeks and service requirements.
Topics: NDPS Act, Court Procedure