222 NDPS cases pending before special court: HC expedites trial against prisoner jailed for 4 years

Advocate Ayaz Khan for bail applicant Mohamed Sikander Cheemu argued that his under-trial client should be granted bail due to a long incarceration without trial while the co-accused was granted bail by HC. Moreover, Khan claimed that the DRI had not conducted the seizure panchnama at the spot, while it was prepared in central agency’s office and the samples were sent to magistrate with delay beyond the the stipulated time under Section 52-A of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

In July, last year, the HC had sought a report from the trial judge on the stage of the case and as to how many under-trial prisoners’ cases were pending in the said court.

The trial court had submitted a report stating that there were in all 222 cases of undertrial prisoners pending in the said court. Further the HC was also informed that the charge was initially framed against the accused in the present case and the said the order was later quashed by HC as the co-accused were not heard by the trial court while passing the same.

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.

The bench considered past Supreme Court and High Court verdicts and noted that ultimately, the HC exercises discretion while dealing with bail pleas on the ground of long incarceration and stage of the case.

Justice Modak observed that Cheemu was jailed from January, 2020 with 40 witnesses to be examined during the trial.