Special statutory limitation bar excludes condonation under Section 5 for appeals filed beyond ninety days under the NIA Act.

Section 21 of the National Investigation Agency Act, 2008 prescribes a complete appellate limitation scheme, allowing filing within thirty days and discretionary entertainment up to ninety days on sufficient cause, but barring any appeal after that outer limit. On a plain reading of the provision, Section 5 of the Limitation Act, 1963 is excluded by necessary implication under Section 29(2), so further condonation is unavailable. The Court distinguished the limited operation of Section 12 of the Limitation Act and held that the special statute's strict time bar, supported by its object of speedy disposal of terrorism-related prosecutions, prevents entertainment of appeals filed beyond ninety days.

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Issues: Whether delay beyond ninety days in filing an appeal under Section 21 of the National Investigation Agency Act, 2008 can be condoned by invoking Section 5 of the Limitation Act, 1963.

Analysis: Section 21 of the National Investigation Agency Act, 2008 creates a special appellate scheme for appeals from Special Courts. It permits filing within thirty days, allows the High Court to entertain an appeal on sufficient cause up to ninety days, and then states that no appeal shall be entertained after the expiry of ninety days. Read as a whole, the provision uses clear and restrictive language that excludes further extension. Under Section 29(2) of the Limitation Act, 1963, the general provisions in Sections 4 to 24 apply to a special law only to the extent they are not expressly excluded. The wording of Section 21(5) manifests such exclusion in relation to Section 5. The Court distinguished the principle applicable to Section 12 of the Limitation Act, 1963, which permits exclusion of time taken for obtaining certified copies, and held that it does not support condonation under Section 5. The special statutory scheme, the plain language of the second proviso, and the legislative purpose of speedy disposal of terrorism-related prosecutions all support a strict construction of the ninety-day bar.

Conclusion: Section 5 of the Limitation Act, 1963 does not apply to appeals under Section 21 of the National Investigation Agency Act, 2008, and an appeal filed beyond ninety days cannot be entertained.

Ratio Decidendi: Where a special statute prescribes a complete appellate limitation scheme and expressly bars entertainment of an appeal beyond a specified outer limit, Section 5 of the Limitation Act, 1963 stands excluded by necessary implication under Section 29(2) of the Limitation Act, 1963.

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