Trial yet to begin even after 4 yrs, HC gives bail to accused

TNN / Oct 2, 2023, 08:31 IST

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Trial yet to begin even after 4 yrs, HC gives bail to accused

Jodhpur: Annoyed by the delay in commencement of trial due to disappearance of police officials as prosecution witnesses in the trial courts, HC granted bail to an accused of NDPS Act, who had been under judicial custody for the past four years.
While granting the bail to the accused on Wednesday, single bench of Justice Dinesh Mehta expressed its displeasure over the judicial custody of the accused for the past four years without having a single prosecution witness out of 15, appearing in the trial court to commence the trial.
Terming it to be the prosecution’s lapse, the court observed that applicant’s right of fair and speedy trial has been violated.
Taking a serious note of this dereliction exercised by the police officials, the court took assurance from ADGP, appearing in the court with suggestions and steps to streamline the process of recording of the evidence, to provide mobile numbers and e-mail IDs of the official witnesses along with the chargesheet and also directed the office of the public prosecutor to intimate the concerned official witnesses well in advance about his/her requirement in the court for evidence, while giving the requisite details, including FIR/charge-sheet no., date, police station etc.

On a previous hearing of the case on August 29, the court had expressed its displeasure over the delay in trial due to absence of the prosecution witnesses, particularly the police officers, and had summoned the DGP with suggestions/steps to be taken to streamline the process of recording of the evidence and sensitize all stakeholders in a bid to ensure smooth and swift recording of evidence in NDPS cases.

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