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2001 Supreme(SC) 346

B.N.AGARWAL, K.T.THOMAS, R.P.SETHI
Bipin Shantilal Panchal – Appellant
Versus
State Of Gujarat – Respondent


Judgement Key Points

Certainly. Here are the key points derived from the provided legal document:

  • During a criminal trial, if an objection is raised regarding the admissibility of any material or oral evidence, the trial court can tentatively note the objection and mark the document or evidence as an exhibit, subject to final decision at the end of the trial. This approach allows the trial to proceed without unnecessary delays (!) (!) .

  • This procedure ensures that the trial court's examination of witnesses continues smoothly, without waiting for lengthy adjudication of objections, thereby saving time and resources (!) (!) .

  • The appellate or revisional courts can revisit the admissibility of evidence at the final judgment stage, and if the objection is sustained, the evidence can be excluded accordingly. This prevents the need for remanding the case for re-recording evidence, streamlining the appellate process (!) (!) .

  • The suggested procedure applies to objections other than those related to the deficiency of stamp duty on documents, which must be decided before proceeding further (!) .

  • Implementing this procedure would not prejudice any party and would facilitate a more efficient and swift trial process, reducing unnecessary prolongation of cases (!) (!) .

  • The courts are encouraged to complete trials as expeditiously as possible, and delays caused by procedural objections should not deprive an accused of their right to bail. Bail applications should be decided on their merits, irrespective of trial delays (!) .

  • Overall, the emphasis is on reforming traditional practices that hinder the progress of trials, advocating for procedural modifications that promote speed and efficiency in criminal proceedings (!) (!) .

  • The judiciary is urged to adopt measures that accelerate trial proceedings, especially in cases where delays are caused by procedural objections, to prevent prolonged incarceration of accused persons and to uphold the principles of justice (!) (!) .

  • The court underscores the importance of procedural sensitivity and the need for trial courts to take active steps to avoid unnecessary delays, including adopting the recommended approach to handling objections during evidence collection (!) (!) .

These points highlight the importance of procedural reforms aimed at expediting criminal trials while safeguarding the rights of all parties involved.


JUDGMENT

Thomas, J.-This is yet another opportunity to inform the trial Courts that despite the procedural trammels and vocational constraints we have reached a stage when no effort shall be spared to speed up trials in the criminal courts. It causes anguish to us that in spite of the exhortations made by this Court and a few High Courts, time and again, some of the trial Courts exhibit stark insensitivity to the need for swift action, even in cases where the accused are languishing in prisons for long years as under-trials only on account of the slackness, if not inertia, in accelerating the process during trial stage.

2. We shall narrate, in a brief manner, as to what happened thus far in the present case though this seems to be one of the rare cases in which an under-trial prisoner has been facing a record time for reaching culmination of the trial proceedings.

3. The genesis of the proceedings is interception of a consignment at the Air Warehouse, Mumbai, which was meant for export to Nairobi. The consignment, when opened, was found containing a very huge quantity of Mandrex tablets (Methaqualone). Respondent (Dr. Bipin S. Panchal) was arrested on 8.11.1993 in connection with the

















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