ABDUL SALAM Vs. UNION OF INDIA

JUDGEMENT

(1.) By this application under Section 439 Cr.P.C., the accused-petitioner, namely, Abdul Salam @ Abdus Salam has sought for bail in connection with Special NDPS Case No. 30/2020 pending in the Court of Special Judge, Cachar, Silchar (converted from Kxj Spl (NDPS) Case No.04/2019 registered under Sections 20(b)(ii)(C)/29 of the NDPS Act.

(2.) Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor, appearing for the State. Also perused the materials on record. Amidst of trial on earlier occasion similar prayer for bail was preferred to this Court and this Court vide order dated 12.01.21 in BA No. 2863/2020 has directed the trial court to complete the trial within the outer limit of three months keeping in view that the accused petitioner is facing the trial from behind the bar and the offence pertains to commercial quantity. Now the petitioner again appears with bail application contending that the trial has not yet concluded as directed and hence the accused should be given the privilege of bail.

(3.) Learned standing counsel for the DRI has submitted that the case is at the stage of examination of IO and because of absence of engage counsel, the learned trial court was unable to record the findings of IO, although they appeared on the dates so fixed. It is stated that there was no fault on the part of the prosecution to produce the witnesses, but because of absence on the part of counsel of the accused petitioner, they could not examined the witnesses and the hearing was adjourned under the compelling circumstances.