TMI Blog2023 (6) TMI 424X X X X Extracts X X X X X X X X Extracts X X X X ..... if it appears that the continuation of the criminal proceeding would amount to abuse of process of court. In considering the right of the accused of speedy trial in my view the test is whether the personal life or liberty of the present petitioners was at all infringed by the pendency of the criminal proceeding since long. If it appears that the present petitioner has had suffered immense and his life and personal liberty was jeopardy during the entire period for the pendency of the criminal proceeding then the relief on the ground of right to speedy trial guaranteed by the Indian Constitution under Article 21 must be established. But if it appears that no hindrance has caused to petitioner during the entire period or his day to day life was not disrupted due to the pendency of the criminal proceeding then the right enshrined under Article 21 need not necessarily be come into play. During their entire period of service they never terminated due to the pendency of this criminal proceeding nor they anyway disturbed in performing their service. After successful completion of service period they retired on superannuation. The petitioners claim for right to speedy trial cannot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ere on duty at the relevant point of time in the said train. They were released on bail from the court of the Learned Chief Judicial Magistrate Murshidabad in criminal Misc Case no. 02/1997. The confiscation proceeding in connection with the seizure was initiated by the Joint Commissioner of Customs (prev) and in the said proceeding confiscated the seizure articles and imposed personal penalty against the 08 persons including the petitioners. Appeal was preferred against the said order before the Commissioner of Customs (W.B.) which was dismissed. The petitioner filed an appeal before the Appellate Tribunal against the said order of appeal whereby the Hon ble Appellate Tribunal set aside the impugned order of personal penalty and remanded back the matter before the original Adjudicating Authority for de-novo decision. However, de-novo adjudication by the Adjudicating Authority is yet to be initiated. In the criminal Misc no. 2 of 1997 several adjournments were obtained for submission of final report by the Customs Authority since long thus Learned CJM Murshidabad vide order dated 19.08.2008 passed an order with the effect that the Criminal Misc Case no. 2 of 1997 made file fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s the right of the accused in all stage of a criminal proceeding that is the stage of investigation, inquiry, particularly appeal, revision and retrial in this case. The petitioner has suffered immense mental pain and agony during the long pendency of the criminal proceeding. Finally he submitted that the criminal proceeding pending before the present petitioners may be quashed by virtue of the decision of Hon ble Apex Court passed in AR Antulay s case. He also argued if the instant criminal proceeding is allowed to be continued there would be a clear violation of Article 21 of the Constitution and it would be an abuse of process of law. Learned Advocate appearing on behalf of the opposite party submitted before this court that the present petitioner was on duty of the Teesta Torsa train on 03.01.1997 wherefrom 5 smugglers were apprehended. It would be revealed from the P.R that the present petitioner not only helped the smugglers but they also restrained the Customs Authority to enter into the train. From the entire scenario of the alleged offence it would be proved that the present petitioner is very much involved and had active participation in the alleged commission of offen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e and on the basis of the PR/Final report against the present petitioner and issued process. The present petitioner filed an application for discharged u/s 167(5) Cr.P.C. before the Magistrate which was turned down by passing the impugned order. The present revision is preferred on the sole ground that there is an inordinate delay by the prosecuting authority in conducting investigation of this case thus the present petitioner was denied his right of speedy trial. He has been suffered immense mental trauma during the long period of pendency of a criminal proceeding. At this juncture it would be improper rather it is illegal by the Learned Magistrate to issue the process after 20 years of the commission of alleged offence. The judgment of Hon ble Supreme Court passed in AR Antulay s (supra) case and the guideline for the purpose of principle for providing relief to the accused to his right to speedy trial need be looked into in its true later and spirit. Paragraph 86 of the judgment of AR Antulay s case is set out hereinunder: 86. In view of the above discussion, the following propositions emerge, meant to serve as guidelines. We must forewarn that these propositions are n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... years, is it justifiable for this revisional court to quash proceeding on the sole ground that the accused has denied his right to speedy trial. The revisional court has the power to quash the proceeding if it appears that there are no sufficient materials to proceed further or if it appears that the continuation of the criminal proceeding would amount to abuse of process of court. In considering the right of the accused of speedy trial in my view the test is whether the personal life or liberty of the present petitioners was at all infringed by the pendency of the criminal proceeding since long. If it appears that the present petitioner has had suffered immense and his life and personal liberty was jeopardy during the entire period for the pendency of the criminal proceeding then the relief on the ground of right to speedy trial guaranteed by the Indian Constitution under Article 21 must be established. But if it appears that no hindrance has caused to petitioner during the entire period or his day to day life was not disrupted due to the pendency of the criminal proceeding then the right enshrined under Article 21 need not necessarily be come into play. In considering the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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