Sections 20(b)(ii)(c )/29 of the N.D.P.S. Act. In Re : Sk. Sazeed v. Union of India
Case at a glance
Provisions considered
- Narcotic Drugs and Psychotropic Substances Act, 1985 ss. 20(b)(ii)(c), 29, 37
- Code of Criminal Procedure, 1973 s. 439
Key paragraphs
- Para 11. Learned Counsel for the petitioner submits he is in custody for two years and six months. It is also submitted there is inordinate delay in trial. Accordingly, he prays for bail on such score.
Judgment
Learned Counsel for the petitioner submits he is in custody for two years and six months. It is also submitted there is inordinate delay in trial. Accordingly, he prays for bail on such score.
Learned Counsel for the State opposes the prayer for bail and submits delay was caused initially due to resolution taken by the local Bar not to participate in proceedings.
We have considered the materials on record. Allegations involve recovery of 5.357 Kgs. of Charas from the petitioner. Prayer for bail on merits would attract restrictions under Section 37 of the NDPS Act but the petitioner has canvassed his plea for bail on the ground of inordinate delay in trial. We have also gone through the ordersheet placed on record. We note on
16.01.2023, 14.06.2023 and 20.11.2023 though witnesses were 2 present in court, they could not be examined due to resolutions taken by the local Bar not to participate in judicial proceedings. Prosecution may not be responsible for this delay but it is undeniable that the petitioner awaiting justice languished in jail. In a catena of cases1 the Hon’ble Apex Court has held resolutions by the Bar not to attend judicial proceedings interfere with smooth administration of justice and amount to criminal contempt of court. Matter is further exacerbated in criminal prosecution where witnesses who come to court are not examined due to such illegal resolutions and the accused languishes in jail.
We take judicial notice of this fact which is a recurrent occurrence in all the Courts in the State of West Bengal.
In order to avoid such a situation we direct as follows:- (i) In a criminal trial if a witness is in attendance, trial court shall ensure that the said witnesses is examined; (ii) Resolution of a Bar Association not to attend proceedings shall not stand in the way of examination of such witness. In the event learned Counsels in the proceeding decline to participate and examine the witnesses on the excuse of a resolution of the Bar the trial court concerned shall refer the matter to the High Court for initiating criminal contempt against the learned Counsels concerned as well as the President and
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