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Justice Modak in its order noted that the applicant had been behind bars since January 2020 without trial and 40 witnesses were yet to be examined
Following the Directorate of Revenue Intelligence (DRI) report submitted to the high court, which stated that 222 trials are pending under the Narcotic Drugs Psychotropic Substance Act (NDPS), the Bombay High Court has directed a Special NDPS Court in Thane to expedite a trial of a person who has been an undertrial prisoner since November 2020.
A single-judge bench of Justice SM Modak directed the trial court to frame charges against the applicant within 3 weeks.
The high court also directed the trial court to conclude the trial within 6 months, after which the accused was permitted to approach the high court seeking bail.
Advocate Ayaz Khan, representing the applicant who had approached the high court in 2020, contended that the co-accused in the case was granted bail by the high court.
He further contended that the DRI had not conducted a seizure and spot panchnama and sent samples to the Magistrate beyond the time stipulated under the NDPS act.
The high court had sought a report from the trial court on the number of trials pending before the high court, to which a report was submitted that 222 cases were pending.
The high court was informed that the charges had been framed in the case before the high court.
However, the applicant contended that after the charges were framed, one of the co-accused approached the high court, claiming that he was not heard while framing charges.
Subsequently, the high court quashed the order in which charges were framed and directed the trial court to frame the charges after following due procedure. Nonetheless, the trial court did not frame charges in the case.
Justice Modak in its order noted that the applicant had been behind bars since January 2020 without trial and 40 witnesses were yet to be examined.
“..while dealing with the prayer for bail on the ground of long incarnation and stage of the case. It is true that one of the accused is granted bail by this Court. The present Applicant is behind bar since January, 2020 and four years will be completed in January, 2024. It is claimed that there are 40 witnesses,” the order reads.
The high court also allowed the trial court judge to request the Principal District Judge to ask for allocation of this case to some other court if he finds that it is difficult to adhere time limit
Case title: Mohamed Sikander Cheemu vs UOI & Anr
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