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TMI Blog2012 (5) TMI 194X X X X Extracts X X X X X X X X Extracts X X X X ..... uch payment - Let the cost be deposited with the Delhi High Court Legal Services Committee by the petitioner. Evidence of the petitioner ought not to have been closed - Held that:- Even after framing of the charges against the respondents, sufficient number of opportunities had been given by the Court and even one final opportunity was given to the petitioner - If the petitioner did not complete its evidence, despite the final opportunity having been given, it cannot be said that the evidence of the petitioner had been erroneously closed - two decades having gone by, it cannot be said that the right, which is guaranteed under Article 21 of the Constitution of India to the respondents, is being observed in letter and spirit. - CRL . M.C. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s totaling 211 kgs . from a secret cavity behind the backrest of the rear seat. In addition to this, 28 foreign marked gold biscuits were also recovered from the possession of one accused, Ajay Jain. The said gold biscuits were wrapped with adhesive tape and tied to his waist with the cloth. The value of the silver was Rs . 14,13,700/- and the value of the gold was Rs 10,61,515/-. The articles were seized and on the basis of the said information, a complaint was filed against the petitioner. 3. The complaint came up for hearing, for the first time, before the Court of the learned ACMM on 4.12.1991. It took the petitioners nearly 15 years to produce the pre-charge evidence. On 8.12.2006, after production of the pre-charge evidence, a charg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e is no provision in the Cr.P.C . under which this cost can be imposed by this Court and be given to the accused persons. It has been contended that the accused have been substantially responsible for the delay and by directing the payment of costs to them, it will be putting premium on their conduct. It is, accordingly, prayed that this portion of the order deserves to be set aside. 5. So far as Mr. S.C. Chawla , the learned counsel for the respondent nos.1 , 3 and 4 is concerned, he has stated that he has no objection in case the cost is not given to the accused persons and the same is paid to the Delhi High Court Legal Services Committee. 6. I have carefully considered the submissions made by the learned counsel and have also conside ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d ACMM dated 30.7.2010 is set aside. 8. The second submission, which has been made by the learned counsel with regard to the second order dated 28.1.2011, is that the evidence of the petitioner ought not to have been closed, as the petitioners' application under Section 311 Cr.P.C . had been allowed, permitting the petitioner to produce four witnesses and he had taken out the summons and that they were served for 28.1.2011. It has been contended that once the witnesses were served, it was for the Court to have procured their attendance. It has been contended that the learned ACMM had erroneously observed that as no witnesses were present, therefore, the evidence of the petitioner was closed. It was contended that in terms of Section 246(2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... This is now a Fundamental Right guaranteed to an accused person under Article 21 of the Constitution of India. In the instant case, the Prosecution was initiated by the petitioner in the year 1991 and more than two decades have gone by and still the Prosecution has not been able to conclude its evidence. If these things are permitted to be done at the pace at which the Prosecuting Agency wants to do, then it will take at least another decade for the accused to face the trial. This is totally unacceptable. Even if seen from the angle that the charge was framed against the respondents way back in 2006, and since then more than five years have elapsed, still the evidence of the petitioner has not been completed. 12. I have perused the orders ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in jeopardy, must be completed as swiftly as possible but, in the instant case, two decades having gone by, it cannot be said that the right, which is guaranteed under Article 21 of the Constitution of India to the respondents, is being observed in letter and spirit. 13. Because of the aforesaid reasons, I am not inclined to interfere with the orders passed by the learned ACMM . In addition to this, there is one more aspect that the order has been passed on 28.1.2011, while as the petitioner has filed the present petition after a delay of almost eight months, which clearly shows that the petitioner is taking its action at its own will, without realizing the importance of time. An order of closure of evidence can be assailed by way of a r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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