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2010 Supreme(SC) 795

D.K.JAIN, H.L.DATTU
Thana Singh – Appellant
Versus
Central Bureau of Narcotics – Respondent


Judgment :

Leave granted.

This is yet another unfortunate case where an accused, facing trial for an offence under Section 8 read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1988 (for short, "the NDPS Act"), is languishing in jail for a period of over twelve years and yet the conclusion of the trial is not in sight. Admittedly, the appellant has been in judicial custody since 13th April, 1998.

Aggrieved by the order passed by the High Court of Madhya Pradesh in Misc. Criminal Case No. 6036 of 2009 whereby appellant's application for grant of bail has been dismissed, he has knocked at the door of this Court for appropriate relief.

Vide order dated 16th August, 2010, we had directed the Assistant Commissioner (Narcotics) Neemuch to file an affidavit explaining the cause for undue delay in trial. Simultaneously, we had also requested the Special Judge, NDPS, Mandsaur (M.P.) to send a report regarding the present status of the trial.

In response thereto, the Deputy Narcotics Commissioner, Neemuch (M.P.) has filed an affidavit wherein it is stated that there is no delay on the part of the said Bureau and "it appears from the record that the delay has been oc











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