In Brief
The appellant, acquitted in a customs case, challenged the Delhi High Court's decision to allow a belated appeal against acquittal filed by the Directorate of Revenue Intelligence (72 days late). The appellant argued Section 5 of the Limitation Act (which allows delay condonation) did not apply to criminal appeals. The Supreme Court held that Section 5 applies to belated appeals against acquittal under the 1963 Limitation Act unless expressly excluded. Since the CrPC does not expressly exclude Section 5, the High Court properly exercised its power to condone the delay. The Court distinguished prior cases involving election petitions and land rights, which had express exclusionary language. The appeal was dismissed.
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