In an application under Section 439 Cr.P.C., the Special Court directed the learned Special Judge at Boudh to expedite the trial of Special Case No. 28 of 2016 and conclude it within three months, considering the petitioner's custody since December 11, 2015.
Direction to the Special Judge to conclude the trial within three months from receipt of the order.
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BLAPL No.6811 of 2016
02.12.2016 Heard learned counsel for the petitioner and learned counsel for the State.
This is an application under Section 439 Cr.P.C. in connection with Special Ca
se (N.D.P.S.) No. 28 of 2016 arising out of Boudh P.S. Case No.274 of 2015 pending in the Cour
t of learned Special Judge -cum- Sessions Judge, Boudh for offence punishable under sections 2
0(a)(i) of the N.D.P.S. Act.
Learned counsel for the petitioner submits that the petitioner is in custody s
ince 11.12.2015 and trial has not progressed and therefore, appropriate direction may be given
to the learned Trial Court to conclude the trial as an earliest.
Learned counsel for the State has no objection to such prayer made by the lear
ned counsel for the petitioner.
Considering the submissions of the learned counsel for the petitioner and taki
ng into account the period of detention of the petitioner in judicial custody, I direct that t
he learned Special Judge -cum- Sessions Judge, Boudh in Special Case (N.D.P.S.) No. 28 of 2016
shall do well to expedite the trial of the case and if possible, to conclude the same within
a period of three months from the date of the receipt of this order.
Accordingly, the BLAPL is disposed of.
However, the petitioner is at liberty to renew his prayer for bail before the
Trial Court if within the stipulated period, the trial is not over.
A copy of the order be sent to the learned Trial Court for compliance.
Urgent certified copy of this order be granted on proper application.
S. K. Sahoo, J.
5
1 issue framed by the court
Whether the Special Court should expedite the trial of an N.D.P.S. case given the prolonged detention of the petitioner since 11.12.2015.
2 provisions across 2 enactments
Petitioner
State
S. K. Sahoo
As recorded by the court registry
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