TMI Blog2001 (2) TMI 590X X X X Extracts X X X X X X X X Extracts X X X X ..... last stage in the final judgment. If the court finds at the final stage that the objection so raised is sustainable the Judge or Magistrate can keep such evidence excluded from consideration. In our view there is no illegality in adopting such a course. (However, we make it clear that if the objection relates to deficiency of stamp duty of a document the court has to decide the objection before proceeding further. For all other objections the procedure suggested above can be followed.) We, therefore, make the above as a procedure to be followed by the trial courts whenever an objection is raised regarding the admissibility of any material or any item of oral evidence. - CRL.M.P. 862 OF 2001 - - - Dated:- 22-2-2001 - K.T. Thomas, R.P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... esaid seizure of narcotic or psychotropic substance. It led to the unearthing of a further huge quantity of Mandrex tablets which, added with the earlier interception, is quantified at about 2000 Kgs. The Directorate of Revenue Intelligence, Ahmedabad filed a complaint against certain persons including respondent Bipin S. Panchal, for various offences under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The said case is being tried before the court of Additional City Sessions Judge, Ahmedabad. 4. Respondent was detained in prison as he was not bailed out during the trial proceedings despite repeated motions made by him. Once in 1994, when respondent approached for bail, this Court directed the trial court to expedite the trial ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dated 31-3-2000 by extending the period for closing of the trial for a further period of six months. 8. We notice that the immediate impact of the order dated 31-3-2000 was a positive response as five witnesses were examined on 3-4-2000 itself. But as the Additional Sessions Judge (Shri A.R. Bhatt) expected his retirement two months hence, he chose to remain in limbo in regard to this case and hence no progress was made until 10-7-2000 when his successor (Shri B.N. Jain) took up the matter. The successor Judge appears to have determined to close the trial within the time frame. He, therefore, decided to follow the legislative mandate contained in Section 309 of the Code and ordered day-to-day trial for which he made a schedule also. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shown more sensitivity by adopting all measures to accelerate the trial procedure in order to reach its finish within the time frame indicated by this Court in the order dated 31-3-2000 since he knew very well that under his orders an accused is continuing in jail as an under-trial for a record period of more than seven years. Now, we feel that the Additional Judge, whether the present incumbent or his predecessor, was not serious in complying with the directions issued by this Court, though the parties in the case have also contributed their share in bypassing the said direction. 12. As pointed out earlier, on different occasions the trial judge has chosen to decide questions of admissibility of documents or other items of evidence, as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or re-moulded to give way for better substitutes which would help acceleration of trial proceedings. 14. When so recast, the practice which can be a better substitute is this: Whenever an objection is raised during evidence taking stage regarding the admissibility of any material or item of oral evidence the trial court can make a note of such objection and mark the objected document tentatively as an exhibit in the case (or record the objected part of the oral evidence) subject to such objections to be decided at the last stage in the final judgment. If the court finds at the final stage that the objection so raised is sustainable the Judge or Magistrate can keep such evidence excluded from consideration. In our view there is no illegali ..... X X X X Extracts X X X X X X X X Extracts X X X X
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