MANAK CHAND JAIN Vs. STATE

JUDGEMENT

(1.) This is a petition for grant of bail on behalf of the petitioner who is facing trial for offences under Sections 21/61/85 of the N.D.F.S. Act since the year 1987. Learned Counsel for the petitioner has sought bail on the following grounds:- 422 1. Inordinate delay in trial 2. Sickness of the petitioner 3. Non-application of Section 50, NDPS Act

(2.) So far as the first point is concerned, the trial has been going on since 1987 and inspite of directions from this Court on four occasions in separate cases the trial has not concluded. According to the petitioner the delay in trial is being caused mainly by the prosecution due to non-production of its witnesses. However, Counsel for the respondent does not accept this. All the same it is obvious that there has been inordinate delay in trial in this case. Admittedly the prosecution has yet to conclude its evidence. In the nature of the case it is mostly the police people who are to be examined, still they are taking it very casually.

(3.) The petitioner is stated to be a heart patient and has been granted bail from time to time for medical reasons. At persent also it appears that he is on bail and various documents have been annexed with the present application to justify continuation of the bail of the petitioner on medical grounds.