Supreme Court modifies HC order imposing Rs 1 Lakh cost on Union Govt officers for delayed appeal in NDPS Case

04/07/2025

New Delhi, Jul 3: The Supreme Court today refused to set aside a Calcutta High Court order which imposed cost on the Union Government for its delay in filing an appeal against acquittal under the Narcotic Drugs and Psychotropic Substances (NDPS).
The Court however modified the order to say that the cost should be deposited by the Union government and not the officers involved in the making and filing of the appeal (as directed by the High Court). Further, the Court reduced the quantum of the cost from Rs. 1 lakh to Rs. 50,000/-.
A bench of Justices MM Sundresh and K Vinod Chandran was dealing with a challenge to the High Court's order of 16.6.2025, whereby cost of Rs.1 lakh was imposed on the Union & made recoverable from officers who were involved in making and filing the appeal before the High Court.
The appeal before the High Court was against the acquittal of the accused in an NDPS case under Sections 25A/29 of the Act. While the Special Court acquitted the accused on 07.06.2024, the government appeal was filed on 17.03.2025.
During initial hearings, the High Court noted that the delay ordained in filing of the appeal was not sufficiently explained by the government in its application under Section 5 of the Limitation Act. Further, the appeal was filed without an application seeking leave to appeal under Section 387(3) of CrPC [corresponding to Section 419(3) of BNSS].
The High Court granted opportunity to the Union to rectify the error. Accordingly, the requisite application was filed by the department on 13.06.2025, followed by a detailed report explaining that the department had acted in good faith in pursuing the appeal.
Eventually however, the High Court allowed the appeal to be withdrawn and ordered payment of Rs.1 lakh cost. Aggrieved, the Union approached the Supreme Court, claiming that the cost imposed was manifestly unjust and disproportionate to the nature of the lapse.
Additional Solicitor General SD Sanjay appeared for the Union and assailed the High Court order. "You filed after a considerable length of time...there must be either the fault of your lawyer, or your officer", Justice Sundresh told him.
"The Court had been telling you please do it, and you don't do it...shall we say the concerned lawyer should deposit the cost?", remarked Justice Chandran.
When the ASG requested the Court for some observations in its order on delayed appeals, conceding that there are recurring, "disturbing" delays in their filing despite writing to the officers and the Court's observations would "help", Justice Chandran expressed, "Please understand your position as a lawyer. If they don't come to you, you should know what to do. You don't ask the Supreme Court to issue directions to validate your orders". Ultimately, the government was asked to deposit the cost. "It's going to the legal services authority only", the bench said.

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