9911796707
TMI Blog2024 (5) TMI 1463X X X X Extracts X X X X X X X X Extracts X X X X ..... s have not supported the case of prosecution. On facts, we are not inclined to consider the Investigation Officer as a panch witness. It is to observe that failure to conclude the trial within a reasonable time resulting in prolonged incarceration militates against the precious fundamental right guaranteed under Article 21 of the Constitution of India, and as such, conditional liberty overriding t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Court made the following 1. The petitioner is in custody since last more than two years in connection with FIR No. 305 of 2022 registered at Police Station Chandan Nagar, District Indore (M.P.) for the offence punishable under Section 8 read with Sections 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as NDPS Act for brevity). 2. Previously, when ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Officer may be treated as panch witness; therefore, the High Court has rightly rejected the bail application. 5. Heard learned counsel for the parties. We have considered the facts and all attending circumstances including the period of custody and also the previous orders where this Court while rejecting the bail was of the view that after the panch witness depose, fresh recourse may be taken. 6. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... needless to observe that the petitioner shall regularly attend the trial until exempted by the orders of the Court. Violation, if any, may give a cause to take recourse as permissible and the trial Court would be at liberty to do the needful. 9. Accordingly, and in view of the foregoing, this Special Leave Petition stands allowed. Pending applications(s), if any, shall stand disposed of. - - T ..... X X X X Extracts X X X X X X X X Extracts X X X X
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