M.B.SHAH, R.P.SETHI
Achint Navinbhai Patel Alias Mahesh Shah: Bipin Shantilal Panchal – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT
M.B.SHAH, J.
(1) UNFORTUNATELY for one or the other reason, the prosecution for the offences punishable under sections 22, 23, 24 and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as "the NDPS Act") and sections 120A and 120B of the Indian Penal Code is not over for eight years. Allegations against both the petitioners are with regard to illegal manufacture and exports of 2000 kgs. and 162 kgs. of mandrex tablets respectively. Reasons are - delay in completing investigation; delaying prosecution by repeated applications on interim matters including bail applications; hearing such applications at length and deciding the same by elaborate judgments and staying further prosecution by the High Court. This case aptly justifies the following observations made by Justice Krishna lyer in Re.: Special Courts Bill 1978 [1979 (1) SCC 380]:
"IT is common knowledge that currently in our country, criminal courts excel in slow motion. The procedure is dilatory, the dockets are heavy, even the service of process is delayed and, still more exasperating, there are appeals upon appeals and revisions and supervisory jurisdictions, b
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