IMPORTANT POINT
The right to a speedy trial is fundamental, but serious allegations under the NDPS Act necessitate the continuation of proceedings despite procedural flaws.

ORDER :

SUSMITA PHUKAN KHAUND, J.

1. Heard learned counsel, Ms Sutapa Sanyal, for the petitioner and learned Special Public Prosecutor, Mr M Haloi, for the CBI.

2. This application has been filed under Sections 397/401 of the Code of Criminal Procedure, 1973 (CrPC, for short), read with Article 227 of the Constitution of India, read with Section 482 CrPC.

2. Sri Dhan Singh will hereinafter be referred to as the applicant or the petitioner. The petitioner has prayed for setting aside the case being CR Case No. 6/1996, in connection with GR Case No. 413/1994, arising out of Tezpur PS Case No. 211/1994, corresponding to CBI Case No. RC-6/1999-SIU, XI-CBI/New Delhi dated 29.10.1999, based on Charge Sheet No. 6/2000 (21.10.2000), under Section 20(b)/25/29, read with Section 8 of the NDPS Act, 1985 pending in the Court of learned Special Judge, Sonitpur, Tezpur, and with prayer to release the petitioner from custody. An alternate prayer was made to expedite the disposal of CR Case No. 6/1996, arising out of GR Case No. 413/1994 or any such order or directions

3. The petitioner’s case in brief is that a secret information was received by the investigating team that a truck bearing Registration No. UHZ-1728 was carrying contraband and then SI D M Brahma, T Kalita, intercepted the truck at Kaliabhumura on 09.04.1994 at about 11:00 am and brought the truck to the Police Station at 03:00 pm with the driver and the handyman. Unfortunately, before the truck could be thoroughly checked, both the driver and the handyman in the pretext of having tea escaped. On the basis of the information, the truck was checked on 10.04.1994 in presence of Executive Magistrate (Sri S K Deka) and other witnesses at 04:00 pm at Tezpur Police Station Campus. About 1 ton of coal was unloaded and 241 packets of contraband wrapped with hyacinth cloth was found concealed under the coal inside the truck. The truck along with its documents were seized and so were the goods and the contraband in presence of witnesses. The truck was proceeding from Mariani towards Uttar Pradesh and the Police registered a case being Tezpur PS Case No. 311/1994, on 10.04.1994, under Section 20 (b) of the NDPS Act, against the driver- Mohan Singh and the owner of the truck- Ramesh Chandra Jaiswal.

4. Investigation commenced and the Police finally submitted charge sheet on 05.02.1996, against Mohan Singh and Ramesh Chandra Jaiswal, i.e., driver and owner of the truck

5. It is pertinent to mention that the contraband weighed 2660 kgs. However, on 30.09.1999, the learned Special Judge, after perusal of the charge sheet opined that the investigation was perfunctory and could not bust the gang involved in the drug trafficking and an order was passed for de novo investigation and if need arises, to be investigated by CBI. FIR No. being RC-6/99-SIU, XI/CBI New Delhi dated 29.10.1999 was thereafter registered. After investigation, the IO of the CBI submitted charge sheet being 6/2000 dated 21.10.2000, under Section 20(b)/25/29, read with Section 8 of the NDPS Act, 1985, against the present petitioner, who was arrested on 27.07.2000.

6. During trial, charges were framed under Section 20 (b)/25/29, read with Section 8 of the NDPS Act, 1985 and the petitioner pleaded not guilty and claimed to be tried. Only two prosecution witnesses, namely, Sri Ajit Kumar Baruah and Sri Rajib Prasad Brahma were examined within the period spanning 09.09.2002 up to 20.01.2003.

7. Learned counsel for the petitioner Ms S Sanyal laid stress in her argument that the procedure how the contraband was weighed is not clear. 51 witnesses are enlisted in the charge sheet. The present petitioner is not named in the FIR. He has been falsely implicated in the instant and the contraband was also not seized from his possession. Without any substantial evidence, the petitioner has been incarcerated for a prolonged period only on suspicion. He was present on each and every day, during trial and was granted bail by this Court on 29.01.2001.