Condonation of delay under NIA Act appeal provisions upheld where sufficient cause is shown despite the 90-day limit.

Section 21 of the National Investigation Agency Act, 2008 was construed to permit condonation of delay beyond 90 days in filing an appeal, because the Act does not expressly or impliedly exclude the Limitation Act, 1963. Reading Section 21 with Sections 3, 5 and 29(2) of the Limitation Act, the Court treated the second proviso to Section 21(5) as directory rather than mandatory. The construction was also supported by the constitutional importance of the right of appeal in criminal matters, fair procedure and access to justice under Article 21. An application for condonation on sufficient cause was therefore maintainable, and the delayed appeal could proceed on merits.

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Issues: Whether the Appellate Court can condone delay beyond 90 days in preferring an appeal under Section 21 of the National Investigation Agency Act, 2008, and whether the second proviso to Section 21(5) is mandatory or directory.

Analysis: The relevant scheme of Section 21 provides for an appeal from a Special Court to the High Court and prescribes a 30-day period with discretion to entertain a delayed appeal on sufficient cause, followed by a second proviso stating that no appeal shall be entertained after 90 days. The Court compared this language with other special enactments and found that the National Investigation Agency Act does not expressly or impliedly exclude the Limitation Act, 1963. Reading Section 21 with Sections 3, 5 and 29(2) of the Limitation Act, the Court held that the statute does not bar the application of the general law of limitation. The Court also relied on the constitutional significance of the right of appeal in criminal matters as an aspect of fair procedure, access to justice and Article 21, and held that a rigid construction would defeat substantive justice even where sufficient cause is shown.

Conclusion: The second proviso to Section 21(5) is directory, the Appellate Court has power to condone delay beyond 90 days, and an application seeking such condonation is maintainable on sufficient cause being shown.

Final Conclusion: The delay condonation plea succeeded and the appeal was permitted to proceed on merits after condonation of the belated filing.

Ratio Decidendi: In the absence of an express or implied exclusion of the Limitation Act, 1963, the second proviso to Section 21(5) of the National Investigation Agency Act, 2008 must be read as directory, enabling the High Court to condone delay beyond 90 days on sufficient cause being shown.

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