ORDER

The petitioner is the accused in Crime No.7/2021 of Excise Circle Office, North Paravur, Ernakulam District. The above case is registered against the petitioner alleging offences punishable under Secs. 20(b) (ii) (B) (C) and 60(3) of the Narcotic Drugs and Psychotropic Substances Act, 1985. The prosecution case is that on 10.2.2021 at about 4.30 pm, the 2nd respondent and his team while on patrol duty reached near Shishubhavan bus stop near Vadakkumpuram-Kottukad road, the accused persons who were coming opposite side in a Yamaha Ray scooter and upon seeing the vehicle, the 2nd accused take a sudden turn in a hurry and had fall down on the ground. When the excise officials helped the accused persons to get up, they tried to search over the accused and their vehicle and seized 6.696 kg of Ganja which was kept under the floor of the vehicle between the handle of the driver and 1.250 kg of Hashish oil, which was kept in the cabin under the seat. Hence, it is alleged that the accused committed the offences. This is the 3rd bail application filed by the petitioner.

2. Heard the learned counsel for the petitioner and the Addl.

Director General of Prosecution, who appeared for the respondents.

3. The counsel for the petitioner submitted that even though this Court directed to dispose of the earlier bail application directing the 2nd respondent to submit the further report within two months and the Court was also directed to dispose of the case itself within three months from the date of receipt of the further report, no progress is made in the matter. The Prosecutor submitted that the further report is already submitted before the Court on 29.09.2022. In the light of the above submission, this Court passed the following order on

20.12.2022.

“It is submitted by the learned Public Prosecutor that further report is submitted before Court on 29.09.2022. As per order dated 02.08.2022 in BA No.4915 of 2022, this Court directed the trial Court to dispose of the matter within three months from the date of receipt of further report. Registry to get an explanation from the Court concerned and also about the present stage of the trial.

Post on 23.12.2022.”

4. The learned Additional District and Sessions Judge, Ernakulam submitted an explanation and the relevant portion of the same is extracted here:

“4. I submit that on receipt of the order cited, I have gone through the records of the case and it came to my notice that a further report containing additional evidence collected during further investigation was submitted before the Sessions Court on 01/10/2022.

5. I submit that the further report filed on 01.10.22 was not placed before me and I was not aware of the filing of the final report. There was omission from my office in placing the records before me. Neither the prosecution nor the defence also brought this to my notice. Without noticing the filing of further report, the case was adjourned to 17/10/2022 and then to subsequent dates and now posted to 05/01/2023. The accused are in remand and charge not framed. I submit that there was omission from my part to frame charge and proceed with trial as the fact of filing the further report was not came to my notice.

6. I submit that direction has already been issued to the Jail Authorities to produce the accused on 23/12/2022 for framing charge and trial will be expedited. I submit that I may able to complete the trial and dispose the case before

31/01/2023.

7. I submit that the omission on my part is not willful. I pray that the above facts may kindly be taken into consideration and the time limit for disposal of the case may be extended till 31/01/2023.”

5. In the light of the above explanation and the assurance of the learned Judge that the trial itself can be concluded by 31.01.2023, I think this bail application need not be entertained at this stage.

Therefore, the bail application is disposed of directing the Additional District and Sessions Judge – VIII Ernakulam, to dispose of Sessions Case No.