AIR2001 SC 1158 , 2001 (1 )ALD(Cri)548 , 2001 (42 ) ACC 635 , 2001 ALLMR(Cri)452 (SC), 2001 (1 )ALT(Cri)230 , 2001 (2 )BLJ(SC )276 , I (2001 )CCR278 (SC ), 2001 (1 )CGLJ366 , 2001 CriLJ1254 , 2001 (74 )ECC287 , 2001 (134 )ELT611 (S.C. ), 2001 GLH(2 )545 , (2001 )3 GLR168 , JT2001 (3 )SC 120 , 2002 -1 -LW(Crl)115 , 2001 (I )OLR428 , 2001 (2 )PLJR132 , 2001 (1 )RCR(Criminal)859 , RLW2001 (1 )SC 169 , 2001 (2 )SCALE167 , (2001 )3 SCC1 , [2001 ]2 SCR29 , 2001 (1 )UC471 , 2001 (1 )UJ573 , ,MANU/SC/1529/2001
K.T. Thomas#R.P. Sethi#B.N. Agrawal#3355SC4860Judgment/OrderACR#AIR#ALD(Cri)#Allahabad Criminal Cases#ALLMR(Cri)#ALT (Criminal)#BLJ#CCR#CGLJ#CriLJ#ECC#ELT#GLH#Gujarat Law Reporter#JT#LW(Criminal)#MANU#OLR#PLJR#RCR (Criminal)#RLW#SCALE#SCC#SCR#UC#UJK.T. Thomas,SUPREME COURT OF INDIA2013-8-22Principles Relating to Grant or Refusal to Bail,Law of Bail16710,16755 -->
MANU/SC/1529/2001
IN THE SUPREME COURT OF INDIA
Criminal Misc. Petition 862 of 2001 and SLP (Crl.) 223 of 2000
Decided On: 22.02.2001
Appellants: Bipin Shantilal Panchal Vs. Respondent: State of Gujarat and Ors.
Hon'ble Judges/Coram:
K.T. Thomas, R.P. Sethi and B.N. Agrawal JUDGMENT
K.T. Thomas, J.
1. This is yet another opportunity to inform the trial Courts that despite the procedural trammels and vocational constraints we have reached a stage when no effort shall be spared to speed up trials in the Criminal Courts. It causes anguish to us that in spite of the exhortations made by this Court and a few High Courts, time and again, some of the trial Courts exhibit stark insensitivity to the need for swift action, even in cases where the accused are languishing in prisons for long years as under trials only on account of the slackness, if not inertia, in accelerating the process during trial stage.
2. We shall narrate, in a brief manner, as to what happened thus far in the present case though this seems to be one of the rare cases in which an under trial prisoner has been facing a record time for reaching culmination of the trial proceedings.
3. The genesis of the proceedings is interception of a consignment at the Air Warehouse, Mumbai, which was meant for export to Nairobi. The consignment, when opened, was found containing a very huge quantity of Mandrex tablets (Methaqualone). Respondent (Dr. Bipin S. Panchal) was arrested on 8.11.1993 in connection with the aforesaid 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 Substance (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. Though the evidence taking started on 4.9.96, the case is still lingering on as the trial persisted thereafter for years. This is in spite of the permission accorded to the trial Court for holding proceedings inside the jail where some of the accused are being interned, as per Section