KAILASH CHAND ..... Petitioner Through Ms Charu Verma, Advocate v. DIRECTORATE OF REVENUE INTELLIGENCE .....

1. This is a petition for expeditious disposal of a trial under the NDPS Act.

2. The learned counsel has contended that the petitioner is incarcerated since 29.06.2009 and although more than two years have elapsed, only 6 out of 46 witnesses have been examined.

3. The learned counsel for the respondent has filed the reply. It has been stated that the charge in the instant case was framed on 20.03.2010 and since then, only 6 witnesses could be examined as the petitioner himself is responsible for delay. It has been further pointed out that on 04.02.2011, PW-5 S.K. Nath was examined but his crossexamination could not be completed and the same was deferred subject to costs of~ 500/- on the petitioner. On 20.05.2011, Sh.Lakhi Ram was examined and his cross-examination was also deferred on -·----'- _._____:,. 2011:DHC:9753 the request of the petitioner, subject to costs of~ 2000/-.

4. I have heard the learned counsel for the parties and gone through the averments made in the petition and the reply filed by the respondent.

5. No doubt the right to have a speedy trial is a part of fundamental rights guaranteed to every under trial under Article 21 of the Constitution of India, but that fundamental right has to be implemented only with the co-operation of the petitioner, the under trial himself. At least two instances have been pointed out by the learned counsel for the respondent where the court had imposed costs on the petitioner as he had himself taken adjournments. Under these circumstances, it cannot be stated that the State is at fault. Apart from this, the total quantum of work, which is before the learned trial Court, is also known as to how many cases are pending in the said Court.

6. Be that as it may, despite the fault of the petitioner, it is desired as the accused is in custody the learned Judge may try to expedite the trial.

7. A copy of this order be sent to the learned trial court.

8. With these directions, this petition is disposed of.

SEPTEMBER 01, 2011 srb ~ V. SHALI,J -". ~'