KANAN SARKAR Vs. STATE GNCT OF DELHI

JUDGEMENT

(1.) The applicant is in jail in connection of FIR No. 76/2017 for offence punishable under sec. 20/29 of the NDPS Act registered at PS Crime Branch, Delhi.

(2.) Learned Counsel appearing for the applicant submits that applicant is innocent and she has been falsely implicated in the present case. According to him, the entire prosecution story is false and fabricated. The applicant has been deliberately planted to favour the real culprit. The Learned counsel further states that there is no private witness in the instant case. The source of contraband article and its delivery etc. are not disclosed in the entire chargesheet. He further states that there is non- compliance of the provision of sec. 50 of the NDPS Act, in as much as, the applicant does not know Hindi or English language, she is a bengali lady and she was not properly explained, with her right to request for the presence of gazetted officer.

(3.) Beside the aforesaid reason, the learned counsel further states that the applicant is in judicial custody since 24/5/2017 and after completion of the entire investigation, the chargesheet was filed and as of now only 2 witnesses have been examined, whereas, 16 more witnesses are yet to be examined. According to him, the trial will take sufficient time for its disposal and for the entire duration of trial, the applicant cannot be kept in jail.