The appellant-accused was acquitted by the Trial Court for the offence under the Customs Act, 1962. The Directorate of Revenue Intelligence (DRI) filed an appeal under Section 378 of Cr.P.C. before the High Court against the acquittal of the accused accompanied by an application of condonation of delay since the appeal was delayed by 72 days. The delay condonation application was allowed by the Delhi High Court. The appellant-accused filed a recall application before the High Court seeking recall of its order. The High Court allowed the delay condonation application of the DRI. However, the recall application was dismissed. The appellant-accused filed a criminal appeal before the Supreme Court against the dismissal of the recall application.

Whether the delay in filing an appeal against the acquittal of the accused can be condoned under the Limitation Act, 1963.

The Court observed that “The benefit of Section 5 read with Sections 2 and 3 of the Limitation Act, 1963 can therefore be availed in an appeal against acquittal. There is no force in the contentions raised by the appellants as regards the non-application of Section 5 of the Limitation Act in the present case and the appeal is therefore dismissed.”

The Supreme Court dismissed the appeal filed by the appellant-accused. The Court held that the delay occurred in preferring an appeal against the acquittal can be condoned under Section 5 of the Limitation Act, 1963.