RAFIK AMAD VAID Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Mr. S. P. Dave, Ld. APP. for the respondent-State waives service of Rule. Petitioner Rajik Amad Vaid, who came to be arrested in connection with CR No. 100 of 1991 of Gondal Police Station for the alleged offence punishable under Section 20 (A)(B) of the Narcotic Drugs and Psychotrophic Substances Act, 1985 on the charges of having been found in possession of "Ganja" weighing 1 kg. 900 gms., has by this Misc. Criminal Application moved this Court for setting himself released on bail, challenging the impugned judgment and order dated 21-10-1991 passed by the Ld. Additional Sessions Judge, Gondal rejecting his bail application.

(2.) Now taking into consideration the absolute necessity of the stringent enforcement of the provisions under the Narcotic Act, in absence of any clinching and justifiable circumstances shown by the petitioner accused, it is not possible to release him on the bail. At this juncture. Mr. Anandjiwala, the Ld. Advocate is appearing for the petitioner submitted that the punishment provided for the alleged offence under the Narcotic Act is upto five years or fine or both. He further submitted that these days trial in lower Courts takes a considerable time. According to Mr. Anandjiwala, under the circumstances, the cases wherein the short sentences ranges from one year to five years or fine, etc., if the accused are not released on bail, then as an under-trial prisoner, they would be made to practically serve out most of the period in imprisonment by the time trial commences. Mr. Anandjiwala voicing anxiety submitted that if in a given case under the Narcotic Act where the prisoner is refused bail and ultimately he is acquitted, then, in that case, he would be seriously prejudiced as there would be nothing to compensate his loss of liberty, caused to him as an under-trial prisoner. Now this submission of Mr. Anandjiwala indeed deserves a serious consideration. This Court has no doubt that specially the cases wherein the sentence prescribed under any particular Statutes are short one and the accused are not released on bail, the trial Court must be enlisting such cases for early trials on priority basis so that the period undergone as an under-trial prisoner is not unnecessarily extended.

(3.) In this case also with a view to see that because of belated trial, the petitioner does not suffer more than it is absolutely necessary the trial of the petitioner deserves to be expedited. Mr. S. P. Dave Ld. A.P.P. on the basis of the instruction given by the Investigating Officer present in the Court submitted that the charge-sheet is likely to be filed within two to three weeks, and that he can have no objection if the trial is ordered to be expedited. Thus, taking into consideration overall facts and circumstances of the case, the Ld. Sessions Judge is directed to expedite the trial and see that the same is over preferably on or before 31-3-1992.