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2009 (9) TMI 24 - DELHI HIGH COURTJurisdiction – investigation proceedings by central excise officer – held that - In the present case, the accused have been appearing in the case since the date when summons were first made returnable on 04.05.1989. The delay in the instant case is purely on account of callous attitude on the part of the prosecution. It may also be noted that in so far as the aspect of revenue loss is concerned, the same is subject matter of the proceedings before a Division Bench of this Court. The delay in the instant case has clearly deprived the accused of their fundamental right to speedy trial under Article 21 of the Constitution of India. The accused no. 2, as noted hereinabove, is 86 years of age. Accused no. 3 is 48 years of age. The matter is at the pre-charge stage. In view of the long delay, it is quite obvious that the prosecution will find it quite hard, if not impossible, to secure conviction, given the long gap of time since the prosecution first commenced. – trial proceedings quashed
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