MOHAMMAD JAKIR NAWAB ALI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present application is moved by the applicant under Sec. 439 of the Code of Criminal Procedure in respect of Crime No.263/2021, registered at Police Station Sonala, District Buldhana for the offences punishable under Sec. 8(c), 20(b) (ii)(c), 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, "NDPS Act").

(2.) The crime is registered on the basis of report lodged by Local Crime Branch Officer, Buldhana, who received a secrete information that one person in a car is coming towards Tunki Shivar by Warwat Bakal to Tunki Road near the filed of Dharmendra Mahadev Ingle transporting the contraband articles ganja.

(3.) Learned Counsel for applicant submitted that the applicant is suffering from HIV positive and his health condition was deteriorating day by day. Though, he is arrested on 07/12/2021, there is no substantial progress in the trial and charges are yet to be framed. Thus, there is an inordinate delay in the commencement of the trial and, therefore, the right of the speedy trial is also affected. He further submitted that the contraband articles which are seized from the car, which was in possession of the present applicant, is also not a Ganja within the definition under Sec. 2(iii) (b) and (c) as the leaves, seeds, stems and stalks are excluded from the definition of Ganja. The mandatory provisions are also not followed. The rigour under Sec. 37 is not attracted and, therefore, the application deserves to be allowed.