Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | bail electronic form |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Constitution of India, 1950 - Articles 32, 21 and 141 - Appeal of accused for an offence under Narcotic Drugs and Psychotropic Substances Act (NDPS Act) - Seeking bail - Accused denied bail and was languishing in jail for 12 years awaiting commencement of trial - Supreme Court granted bail - Also issued notice to all the Sates taking cognizance of status quo and gain a first-hand account about the state of trials in cases under NDPS Act pending in all the States - Directions and guidelines issued - The practice of granting adjournments lavishly to be abolished - Fourth proviso to s. 309 (2) Cr.P.C. (inserted by s. 21(b) of Act 5 of 2009), which awaits notification, deserves immediate notification - Till the statutory provisions are in place, the Court directed that no NDPS court to grant adjournment at the request of the party except where circumstances beyond control of the party and where hearing date fixed as per convenience of the counsel, no adjournment to be granted without exception - A provision analogous to s. 22(c) of Prevention of Corruption Act should be legislated for trials under NDPS Act - Courts directed to adopt method of 'sessions trial' and conduct examination and cross-examination of a witness on consecutive dates over a block period of three to four days - The courts to take evidence of official witnesses in the form of affidavit as per s. 293 Cr.P.C - States are directed to establish Special Courts to deal exclusively with offences under NDPS Act - The number of these Courts must be proportionate to and sufficient for handling the volume of pending cases - Till the establishment of exclusive .NDPS Court, the NDPS cases would be prioritized over all other matters - More number of Central Forensic Science Laboratories (CFSL) must be established, so as to cater to the needs from different parts of the country- Each State directed to establish State level and regional level forensic science laboratories- Directorate of Forensic Science Services directed to take special steps to ensure standardization of equipments and to address the problem of shortage of staff in the existing laboratories - Request as to re-testing/re-sampling not to be entertained under NDPS Act, as a matter of course - Nodal Officers (equivalent or superior to the rank of Superintendent of Police) to be appointed in all the departments dealing with NDPS cases for monitoring the progress of investigation and trial - There must be one 'Pairvi Offier' or other such officers for each court who shall report the days's proceedings to the Nodal Officer Appointment of Special Public Prosecutors for the Central Bureau of Narcotics should be in line with the procedure followed as mandated u/s. 24 Cr.P.C - For simplification of procedure u/s. 207 Cr.P. C, directed that filing of charge-sheet and supply of other documents to be in electronic form - Narcotic Drugs and Psychotropic Substances Act, 1985 - Code of Criminal Procedure, 1973 - s. 309(2) Proviso 4 (as inserted by s. 21(b) of Act 5 of 2009); ss. 293, 207 and 24 - Prevention of Corruption Act, 1988 - s. 22(c). |
Judge | N/A |
Neutral Citation | 2013 INSC 56 |
Petitioner | Thana Singh |
Respondent | Central Bureau Of Narcotics |
SCR | [2013] 2 S.C.R. 899 |
Judgement Date | 2013-01-23 |
Case Number | 1640 |
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