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2014 Supreme(Gau) 395

B.D.AGARWAL
Md. Haji Samsul Hoque Talukdar – Appellant
Versus
Union of India and Anr. – Respondent


Advocates Appeared:
For the Petitioner:Shri N Dutta, learned senior counsel as Amicus Curiae, Smti SK Nargis, Sri A Neog, Advocates.
For the Respondents: Shri Z Kamar, Shri K Munir, Public Prosecutors, Shri D Chakraborthy, Standing Counsel for DRI.

“What procedure to be adopted by the learned Sessions courts for conducting trial of cases registered on the basis of complaints lodged by the Customs and Revenue Departments under NDPS Act i.e., cases instituted otherwise than on police report”.

2. The aforesaid legal issue cropped-up while hearing the instant bail application, filed under Section 439 of the Criminal Procedure Code, 1973 by one of the accused seeking regular bail in connection with Sessions (Special) Case No. 208(K) of 2004, pending before the learned Sessions Judge, Kamrup (M), Guwahati, arising out of DRI Case No. 1 of 2004 under Section 20 (b) (ii) (C) of the Narcotic Drugs and Psychotropic Substance Act, 1985 (in short ‘NDPS Act’). During the course of hearing the learned counsel for the accused pointed out that the accused is in judicial custody since last more than 5(five) years. When it came to light of the court that the case is pending for disposal since last one decade the court became inquisitive to ascertain as to what is the root cause for long period taken in the trial of NDPS cases. Hence, the aforesaid legal question was framed to decide and direct the trial courts to adopt such procedure which woul


























































































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