Accused under NDPS Act in custody for over two years without framing of charges sought directions for expeditious trial. High Court directed FSL to expedite its report, DCP to follow up, and trial court to hear charge arguments and examine raiding team members promptly.
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Through: Mr. Aditya Aggarwal and Ms. Shivani Sharma, Advocates.
versus
STATE GOVT. OF NCT OF DELHI .....Respondent Through: Mr. Amit Ahlawat, APP for State with Mr. Ramkishan, SI, ANTF Crime Branch.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
O R D E R % 21.04.2025
“a. Allow the present application and may direct the Learned trial court to examine the raiding team members within a stipulated time period as deem fit to this Hon’ble Court.
b. Any other relief which this Hon’ble court may deem fit in the facts and circumstances of the present case.”
1 “Cr.P.C.”
2 “NDPS Act”
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 09:58:50
this considerable lapse of time, the charges have yet to be framed by the Trial Court. He further submits that in fact, this Court by order dated 4th April, 2025, has dismissed the regular bail application filed by the Petitioner. It is argued that continued incarceration with inordinate delay in trial, which is proceeding at a snail’s pace, constitutes a violation of the Petitioner’s fundamental right under Article 21 of the Constitution of India, 1950, by placing reliance upon Section 36 of the NDPS Act, the Petitioner urges that the Prosecution must expeditiously take necessary steps for the framing of charges followed by examination of witnesses, thereby affording the Petitioner an opportunity to establish his innocence in this case.
a. The FSL is directed to expedite the preparation and submission of the report in relation to the present case. The concerned DCP is instructed to follow up with the FSL for the said report.
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 09:58:50
SANJEEV NARULA, J
APRIL 21, 2025 nk
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 09:58:50
1 issue framed by the court
Whether directions should be issued to expedite framing of charges and examination of witnesses in an NDPS case where the accused has been in custody over two years without charge.
4 provisions across 4 enactments
Mohan Gupta
State Govt. of NCT of Delhi
Sanjeev Narula
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
