THANA SINGH Vs. CENTRAL BUREAU OF NARCOTICS

JUDGEMENT

(1.) Leave granted. This is yet another unfortunate case where an accused, facing trial for an offence under Section 8 read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the NDPS Act") is languishing in jail for a period of over twelve years and yet the conclusion of the trial is not in sight. Admittedly, the appellant has been in judicial custody since 13-4-1998. Aggrieved by the order passed by the High Court of Madhya Pradesh in Thana Singh v. Narcotics Bureau1 whereby the appellant's application for grant of bail has been dismissed, he has knocked at the door of this Court for appropriate relief.

(2.) Vide order dated 16-8-2010, we had directed the Assistant Commissioner (Narcotics), Neemuch to file an affidavit explaining the cause for undue delay in the trial. Simultaneously, we had also requested the Special Judge, NDPS, Mandsaur (M.P.) to send a report regarding the present status of the trial. In response thereto, the Deputy Narcotics Commissioner, Neemuch (M.P.) has filed an affidavit wherein it is stated that there is no delay on the part of the said Bureau and "it appears from the record that the delay has been occasioned either due to the appellant or the other co-accused persons". As regards the present stage of trial, it is pointed out that 16 witnesses have already been examined by the prosecution and there is every possibility of the trial being concluded within a short period.

(3.) We have heard the learned counsel for the appellant as also the learned Additional Solicitor General for the Narcotics Bureau.