GOPIKRISHNA KHANDELWAL Vs. DEPUTY CHIEF CONTROLLER

JUDGEMENT

(1.) THIS petition was admitted on 11.12.1987 for its final hearing. Notices made returnable within three weeks were directed to be issued. Despite services of notice, (respondent) failed to make appearance. By order dated 19.1.1988, the petition was directed to be listed for final hearing. It was again ordered to be listed for final hearing in the week commencing 8th February, 1988. None appeared for the respondent on all these dates. By order dated 18.8.1988, the petition was directed to be listed for hearing on 20.9.88. Although the respondent was served yet as a measure abundant caution, fresh notices by registered post was directed to be issued and it was accordingly issued and has been duly served yet the respondent has failed to make his appearance. Any further delay in hearing of this petition, would add to the grievance, which the petitioners is making in this petition. Petition is, therefore, taken up for its final hearing.

(2.) AS back as 18.10.1978, a complaint was filed against the petitioners along with many others for alleged offences under Section 5 of the Imports and Exports Control Act, 1947 under Sections 420, 468, 471, IPC. Crux of the complaint was that during the period March 1970 upto June 1975, the accused entered into a criminal conspiracy to float fictitious ayurvedic units and to obtain essentiality certificates and import license in fictitious names by fradulent means and misuse imported material in contravention of terms of licence.

(3.) SPEEDY trial is a fundamental right implicit in the guarantee of life and personal liberty enshrined in Article 21 of the Constitution. A fair trial implies a speedy trial.