SACHIN ATMARAM VARTAK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant has preferred this application for bail under Sec. 439 of Code of Criminal Procedure in connection with FIR bearing CR No.II-7 of 2017 registered with Palghar Police Station for offences under Sections 8(c), 22, 27A and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS Act').

(2.) The case of prosecution is that information was received through intelligence by ATS, Ahmadabad which was transmitted to Digitally signed by MANISH Superintendent of Police, Palghar and pursuant to that the raid was conducted on 19th May 2016. A farm house situated at Village Gaurpur, Tal.Wada. District Palghar was raided. There was seizure of 560 kgs. 148 grams of Methaqualone, psychotropic substance. The statements of arrested accused were recorded. The investigation was conducted. The charge sheet was filed.

(3.) The applicant had preferred Criminal Bail Application No.975 of 2018 seeking bail before this Court. The said application was rejected by order dated 4 th February 2019. Thereafter another application for bail was moved before this Court viz Bail Application No.1694 of 2019. The said application was rejected vide order dated 14/10/2019. It was urged that applicant is in custody from 25th May 2016. While disposing the said application it was observed that considering the fact that applicant is in custody as urged by applicant, directions can be issued to the Trial Court to expeditiously conclude the trial. Trial was expedited. The Trial Court was directed to conclude the trial within a period of nine months. The State was directed to take immediate steps to appoint Special Public Prosecutor for conducting trial. The prosecution and the defense were directed to co-operate with the Trial Court in concluding the trial expeditiously. It was also directed that the accused be produced before the Trial Court regularly. However, in spite of passage of time of two years, trial has not commenced. Resultantly applicant has continued to be in custody for five and half years.