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2011 (3) TMI 1404 - HC - Indian LawsOffence punishable under Section 20 (b)(ii)(B) and 21(B) of the N.D.P.S. Act 1985 - According to the petitioner although he has been granted bail in the said case he is unable to get any employment and he has been restrained from leaving the country and as such delay in disposal of the said case is causing serious prejudice to him. According to the petitioner his rights under Article 14 and 21 of the Constitution of India are violated on account of undue delay Held that - prosecution has been pending almost for more than three years and considering that the petitioner is a foreign national Special Judge N.D.P.S directed to dispose of the Special Criminal Case no.1 of 2009 expeditiously petition stands disposed of.
Issues:
Delay in disposal of criminal case causing prejudice to the petitioner's rights under Article 14 and 21 of the Constitution of India. Analysis: The petitioner, an Italian national, was arrested for an offence under the N.D.P.S. Act, 1985 and seeks expeditious disposal of the case pending before the N.D.P.S Court at Mapusa. Despite being granted bail, the petitioner faces difficulties in employment and is restricted from leaving the country due to the pending case, leading to a violation of rights under Article 14 and 21 of the Constitution of India. The delay in the trial of the case was attributed to the non-receipt of the report from C.F.S.L, Hyderabad regarding the seized contraband. The report has now been received and forwarded to the N.D.P.S Court, paving the way for the early disposal of the case. Considering the prolonged pendency of the prosecution for over three years and the petitioner's foreign nationality, the High Court directs the Special Judge at the N.D.P.S Court in Mapusa to expedite the disposal of the Special Criminal Case no. 1 of 2009, setting a deadline for completion on or before 30/8/2011. The High Court rules in favor of the petitioner, making the directive for expeditious disposal of the case absolute, thereby resolving the petition.
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