2001 (3) TMI 104 - HC - Customs

Summary

Issues Involved:
1. Applicability of Section 245(3) Cr.P.C. for discharge of accused due to prosecution's failure to adduce evidence within four years.
2. Interpretation of "date of appearance of the accused" under Section 245(3) Cr.P.C.
3. Discretion of the Court in discharging the accused under Section 245(3) Cr.P.C.
4. Impact of the nature and seriousness of the alleged offense on the application of Section 245(3) Cr.P.C.

Issue-wise Detailed Analysis:

1. Applicability of Section 245(3) Cr.P.C.:
The petitioners sought discharge under Section 245(3) Cr.P.C., arguing that the prosecution failed to complete adducing evidence within the statutory period of four years from the date of their arrest. The trial judge rejected this application, stating that the discharge of accused persons under this section is not automatic but discretionary, to be exercised judiciously. The judge found justifiable reasons for the delay in adducing evidence, and thus, the Supreme Court's decision in Santosh De's case was deemed inapplicable to the present case.

2. Interpretation of "Date of Appearance of the Accused":
The trial judge interpreted the "date of appearance of the accused" to mean the appearance of all accused persons collectively. The judge noted that the case could not proceed to trial due to the non-appearance of one of the accused, and thus, the four-year period should be counted from the date when the last accused appeared. This interpretation was crucial as it meant that the statutory period had not expired when the petition under Section 245(3) was filed.

3. Discretion of the Court in Discharging the Accused:
The court emphasized that discharge under Section 245(3) is not automatic. The trial judge, referencing the Supreme Court's decision in Santosh De, highlighted that the magistrate must be satisfied that discharging the accused would not be in the interest of justice. The judge considered the serious nature of the offense and the conduct of the accused in deciding against their discharge.

4. Impact of the Nature and Seriousness of the Alleged Offense:
The court noted the serious and alarming nature of the allegations under the NDPS Act, involving the manufacture and possession of large quantities of narcotic drugs. The judge argued that discharging the accused on technical grounds would not serve the interest of justice, especially given the severe societal implications of the alleged crimes. The court stressed that the provisions of Section 245(3) should not overshadow the gravity of the offense and the need for a fair trial.

Conclusion:
The court upheld the trial judge's decision, stating that the application of Section 245(3) Cr.P.C. was premature and that the nature of the offense warranted a trial. The revision application was dismissed, and the trial court was directed to proceed with the trial expeditiously. The judgment underscores the balance between the rights of the accused to a speedy trial and the society's interest in addressing serious crimes.