I.G. Shah, J. - The Petitioner who is prosecuted for the offence punishable under sections 21, 22, 23 read with 28 of the N.D.P.S. Act. 1985, and 135 (1)(a) of the Customs Act, 1962, read with section 8 of the N.D.P.S. Act and under section 135(1) (a) of the Customs Act read with Foreign Exchange Regulation Act has filed this petition. The petitioner was arrested on 7th October 1989 in connection with the said offence. The petitioner has been in custody since the date of his arrest and, therefore, is languishing in jail for 2 years and 8 months approximately .The petitioner appears to have applied for bail to this court by filing Criminal Application No. 1919 of 1990. However, it appears that after hearing both sides the petitioner was allowed to be withdrawn his petition and this court expedited the trial. However, it appears that in spite of the said order passed on 4th October 1990, the petitioner was again required to move this court by filing another Criminal Application No. 3360 of 1991 as for various reasons the trial could not commence. After hearing both the sides, this Court again passed- an order directing the Principal Judge of the City Sessions Court, Bombay, to transfer the case of the Petitioner from the file of J.- Yusuf Pathan to the file of J. J.W. Singh with a direction to take up the said case giving priority over other cases and to decide the same within a period of three months. It was further directed that both sides will not seek any adjournment in the case unless it was absolutely necessary due to some unforeseen circumstances. In view of the said order and direction it appears that the trial of the petitioner commenced on 16.1.1992. The further examination in-chief of P.W.No. 1 could not be commenced on that day as it appears that P.W. No. 1 was absent and the case was adjourned to 21.1.1992. On 21.1.1992, P.W. 1 Negi Agai stepped into the witness box for his further examination-in-chief and the same was continued on 21.1.1992 and 22.1.1992 and then the case was adjourned to 27.1.1992. Again on 27.1.1992, P.W. 1 was absent and the learned Counsel appearing for the present respondent No. 1 before the trial court had no instructions and, therefore, the case was required to be adjourned to 29.1.1992 and a bailable warrant in the sum of Rs. 1,000/- was issued against P.W. l. In pursuance of the said warrant, it appears that P.W. No. 1 appeared before the Court and his examination-inchief was resumed and the same was over on the next date i.e. 31.1.1992. Cross-examination of the said witness was commenced on the same day and was continued on 4.2.1992, 14.2.1992, 19.2.1992 and was concluded on 20.2.1992. It appears that as other witnesses were not present on that day, the case was adjourned to 26.2.1992 for examination-in-chief of P.W. 2 Shri K. Sanjeeva, the Superintendent of Customs. On 26.2.1992, the said P.W. 2 was absent. It appears that the case was further adjourned to 11.3.1992, 13.3.1992 and 20.3.1992 for examination of the said witness P.W. 2, but it appears that he did not appear before the Court and, therefore, the case was required to be adjourned to 26.3.1992. On 26.3.1992, it appears that the said P.W. 2 was examined and the same continued also on 27.3.1992 and thereafter the case was adjourned to 8.4.1992. On 8.4.1992, P.W. 3 Pesi Lala was examined by the prosecution, he was also cross-examined and his evidence it appears was over on that day. Thereafter the case was adjourned to 23.4.1992 and on 23.4.1992 it was required to be adjourned to 29.4 .1992 as the presiding officer of the court was on leave. On 29.4.1992, panch witness Advani was absent and again bailable warrant was required to be issued for procuring his presence and the case was adjourned to 10.6.1992. The Petitioner, therefore, now, has come to this court with a contention that inspite of the clear direction of this court that the case of the petitioner should be completed within a period of three months from 9.1.1