Criminal Procedure Code, 1973
Section 378—Condonation of delay in filing an appeal against order of acquittal—Application of Section 5 of the Limitation Act—Appellant faced trial under Section 135(1)(b) of the Customs Act—Where a special law prescribes a period of limitation, Section 5 of the Limitation Act would have no application, subject only to the language used in the special statute—Language prescribing a period of limitation is an important factor as well—There is no such exclusionary provision under Section 378 of CrPC, or at any other place in the Code—Benefit of Section 5 read with Sections 2 and 3 of the Limitation Act can be availed in an appeal against acquittal—Appeal dismissed. [Limitation Act, 1963, Section 2, 3 & 5]
[Paras 10 & 11]