Taking a serious report submitted by the Directorate of Revenue Intelligence (DRI), which stated that 222 trials are pending under the Narcotic Drugs Psychotropic Substance Act (NDPS), the Bombay High Court recently directed a Special NDPS Court in Thane to expedite a trial of a person who has been an undertrial prisoner since November 2020.
Justice SM Modak directed the trial court to frame charges against Mohamed Sikander Cheemu within three weeks and dispose of the case within six months thereafter. If the trial is not concluded within nine months, Justice Modak has granted liberty to Cheemu to re-approach the HC seeking bail.
Bail on basis of long incarceration without trail
Advocate Ayaz Khan submitted that Cheemu should be granted bail due to a long incarceration without trial. Also, a co-accused in the case was granted bail by HC.
Khan further argued that the DRI had not conducted the seizure panchnama at the spot, while it was prepared in the central agency’s office. Also, the samples were sent to the magistrate with delay beyond the stipulated time as prescribed under the NDPS act.
The high court, last July, had sought a report from the trial judge on the number of cases pending before him.
A report was submitted stating that there were in all 222 cases of undertrial prisoners pending in the said court.
The HC was informed that initially charges were framed against the accused, but the charges were quashed by the HC, since the trial court had. Kt heard the co-accused at the time.
In its order, Justice Modak noted that in spite of the direction given to the trial court on July 28, last year to follow the due procedure, the charge is yet to be framed.
Cheemu was jailed from January 2020 with 40 witnesses to be examined during the trial, Justice Modak observed while expediting the trial.
