In a criminal application, the applicant sought expedition of a trial where he has been in detention for over two years. The court directed the Special Judge to dispose of the case by 31 July 2006.
Direction to the Special Judge NDPS Court to dispose of Special Case No.22/2003 by 31 July 2006.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.5229 OF 2005
Chamanlal Mine Ram Applicant
versus
Union of India Respondent
Mr.Ayaz Khan for applicant.
Mr.D.N.Salvi for respondent no.1.
Mr.S.S.Tatkare - APP for State.
CORAM : S.C.DHARMADHIKARI, J.
DATE : 6th December 2005
PC :
1. Shri Khan - learned advocate appearing for
the applicant, after arguing the matter for some
time, does not press the same but submits that he
would be satisfied if a direction is issued to
expedite the trial. He submits that this request
is made considering the fact that the applicant
has been arrested on 11th July 2003. The
complaint is filed on 12th December 2003.
Charges have been framed on 7th August 2004 and
as yet trial has not commenced. He states that
the applicant who hails from the State of
Himachal Pradesh, has been in detention for more
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than two years. He was working as a Tourist
Guide. In these circumstances, the hardship to
his family and himself is such that it would be
necessary that the trial is concluded early.
2. Shri Salvi does not dispute these facts and
informs that appointment of Presiding Officer to
preside over NDPS Court is made. The prosecution
would be examining about 10 witnesses. In these
circumstances, the Special Judge, NDPS Court,
shall endeavour to dispose of NDPS Special Case
No.22/2003 as expeditiously as possible and in
any event by 31st July 2006.
(S.C.DHARMADHIKARI, J.)
1 issue framed by the court
Whether directions should be issued to expedite the trial given the applicant's prolonged detention since July 2003.
Chamanlal Mine Ram
Union of India
S.C.DHARMADHIKARI
As recorded by the court registry
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