In this writ petition concerning an NDPS case, the Gauhati High Court noted well-settled principles regarding minimal interference in trial delays. Finding no extraordinary delay existed, the court closed the petition on the petitioner's withdrawal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010050892023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1378/2023
SUMAN ROY S/O- SUBHASH ROY, R/O- LONGAI ROAD, P.S. KARIMGANJ, DISTRICT- KARIMGANJ, ASSAM. PIN - 788710.
VERSUS
THE STATE OF ASSAM AND ANR THROUGHTHE CHIEF SECRETARY, TO THE GOVERNMENT OF ASSAM, DISPUR, GUWAHATI- 781006.
2:THE SECRETARY TO THE GOVERNMENT OF ASSAM LAW AND JUDICIAL DEPARTMENT DISPUR GUWAHATI- 781006
Advocate for the Petitioner : MR. S C BISWAS Advocate for the Respondent : GA, ASSAM
BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
20-03-2023
Heard Shri S. C. Biswas, learned counsel alongwith Ms. A. Bora, learned counsel for the petitioner. Also heard Ms. M. Barman, learned State Counsel.
The instant writ petition has been filed for a direction for expeditious and speedy trial of
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a case in which the petitioner is facing trial.
The case in question has originated from registration of an FIR leading to Karimganj PS Case No. 67/2022 under Section 22(C)/29 of the NDPS Act, 1985. The matter has been charge-sheeted and the Special Case (NDPS) No.12/2022 is proceeding in the Court of the Special Judge, Karimganj.
The aspect of interference by a Writ Court in matters regarding expeditious trial, nonregistration of FIR, lack of due diligence on the part of the investigating authority has been well settled by the Hon’ble Supreme Court in the case of Sakiri Vasu Vs State of Uttar Pradesh & Ors reported in (2008) 2 SCC 409 . It has been laid down that interference in such cases should be minimal.
In any case, this Court has not noticed any extra-ordinary or inordinate delay in the aforesaid trial which is otherwise for a very serious offence under the NDPS Act. Under those facts and circumstances, the learned counsel for the petitioner prays for a liberty to withdraw this writ petition and file the same if there is any independent cause of action. Writ petition accordingly stands closed on withdrawal.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the writ court can direct expeditious trial in a Section 22(C)/29 NDPS Act case.
Whether there is any inordinate delay warranting writ intervention.
Colour shows how this judgement treated each authority
Sakiri Vasu Vs State of Uttar PradeshExplained¶18
Sakiri Vasu Vs State of Uttar Pradesh & Ors reported in (2008) 2 SCC 409 · Who else cites this
Suman Roy
The State of Assam and Others
Sanjay Kumar Medhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
