2004 (11) TMI 113 - SCH - Customs

Strictures against Government - SLP filed after delay of 864 days - Held that - in cases of this nature which have serious repercussion, the State authorities should be alert and must take steps promptly rather than delay the matter. This petition appears to have been filed after 864 days delay, only with a view to avoid responsibility and take shelter behind the order of this Court dismissing the special leave petition. The Government must hold an inquiry and find out who are the persons responsible for the delay and for what reason. We say so because in some cases we have experienced that by the time the Court issues notice, respondent has already left this country and there is no chance of getting him back to serve the sentence in case he is convicted.

Summary

The Supreme Court of India heard a case under the NDPS Act involving a foreign national convicted by the Trial Court but acquitted by the High Court. A special leave petition was filed with a delay of 864 days, which was deemed unsatisfactory. The Court emphasized the need for prompt action by State authorities in such serious cases to avoid delays. The government was directed to conduct an inquiry into the delay and hold responsible parties accountable. An affidavit was to be filed within four weeks.