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1991 Supreme(Del) 428

R.L.GUPTA
GURBUX BHIRYANI – Appellant
Versus
J. K. HANDA – Respondent


Advocates Appeared:
J.S.Arora, R.L.MEHTA, RAM JETHMALANI, Sunil Mehta

R. L. Gupta, J.

( 1 ) THIS order will dispose off Cr. M (M) 2924 of 1990 filed by Gurbux Bhiryani and Cr. M. (M) 496 of 1991 filed by Rajni Kant Patel, both under Section 439 read. with Section 482 of the Code of Criminal Procedure for their release on bail.

( 2 ) THE petitioners are facing trial under Sections 21 and 29 of NDPS Act (hereinafter called the Act) n the alligations that they and some other coaccused persons entered into and were parties to a criminal conspiracy to export heroin out of India in contravention of the provisions of the Act and sell the. same in the United States of America. Petitioner Gurbux Bhiryani has been further accused of having exported 3 kgs of heroin on or about November 19, 1987 through one U. S. Gala and Mrs. Manjulaben respectively whose services are alleged to have been procured by him with the help of co-accused Rajni Kant Patel and Pandya.

( 3 ) I have heard arguments advanced by learned Counsel for the parties. The main contention on behalf of the petitioners is that they are languishing in jail without a speedy trial. In spite of the fact that earlier this Court ordered on 15. 2. 90 in Cr. M. (M) 2089/89 that the trial Court shall try to






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