KAILASH CHANDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THROUGH this misc. petition Under Section 482 Cr.P.C. the petitioner seeks quashment of the proceedings of Criminal Case No. 45/85, Under Section 7/16 of the Prevention of the Food Adulteration Act pending against him in the Court of Chief Judicial Magistrate, Bhilwara.

(2.) MR . Gehlot, pointing out that the case against the petitioner is in respect of the sample of oil taken on 20.7.1984 and the learned CJM vide his order dt. 2.7.1998 has directed that the case shall be tried in summary manner, contended that the petitioner has suffered a lot during the period of 18 years and his right of speedy trial has been violated. Relying on the case of Hemraj v. State of Raj. 1995 RCC 26, Prahalad v. State of Raj. 1996 RCC 241, Pradeep Kumar v. State of Raj. 1997 RCC 144 Ramnath v. State of Raj. 1997 RCC 124, Sukh Chand v. State of Raj. 1998 (2) RCC 64 and Kamal Kishan v. State of Raj. 1998 (2) RCC 210, Mr. Gehlot canvassed that the proceedings against the petitioner should be quashed.

(3.) THE Supreme Court time and again has emphasised the need of deciding the cases without delay. It has also been held that 'right to speedy trial flows from Article 21 of the Constitution of India. All previous decisions were considered by the Constitution Bench of the Appex Court in the case of A.R. Antullay v. R.S. Nayak : 1992CriLJ2717 . In that case, their lordships addressed themselves to this pertinent question as to what consequences flow from an infringement of right to speedy trial. At para 85 of the report, their lordships observed as follows -