BINOY DEBBARMA Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) Heard Mr. P. Yobin, learned counsel for the petitioner/accused, who has submitted that the petitioner/accused has been arrested on 21/3/2023 in connection with Lumshnong P.S. Case No. 14 (03) 2023 under Sec. 20(b)(ii)(c)/29 NDPS Act. On investigation being completed, charge sheet was filed. The matter is now pending before the Court of the learned Special Judge (NDPS), East Jaintia Hills District, Khliehriat being Special (NDPS) Case No. 11 of 2023.

(2.) It is the submission of the learned counsel that the stage of the case before the Trial Court is for recording of evidence of the prosecution witnesses where out of eight listed witnesses, the prosecution has examined six of them, and today is the date fixed for recording of further evidence of the remaining witnesses. However, the thrust of the learned counsel is two-pronged, firstly, that there was inordinately delay as far as the trial is concerned, inasmuch as, it took the Trial Court about one year and eight months to record the evidence of the six witnesses, and as such, on the ground that the trial has been prolonged, the petitioner/accused may be allowed to be enlarged on bail. Secondly, the learned counsel has submitted that evidence would reveal that there was a clear violation of procedure under the NDPS Act at the time when the search and seizure was made, wherein no Magistrate was present at that point of time, and as such, on this ground too, the petitioner/accused is entitled to be granted bail.

(3.) Mr. K. Khan, learned PP assisted by Mr. S. Sengupta, learned Addl. PP for the State respondent has opposed the prayer made and has submitted that there is no question of inordinately delay of the trial, inasmuch as, there are only two witnesses to be examined, and the trial in all probability, may not take much time to be concluded. It is prayed that at this point of time, this petition may not be allowed.