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TMI Blog1981 (8) TMI 79X X X X Extracts X X X X X X X X Extracts X X X X ..... o the High Court and some of them reach this Court too on the theory that it goes to the root of the matter. There are always petition alleging `assuming the entire prosecution case to be true, no offence is made out'. And, inevitably proceedings are stayed and trials delayed. Delay is a known defence tactic. With the passage of time, witnesses cease to be available and memories cease to be fresh. Vanishing witnesses and fading memories render the onus on the prosecution even more burdensome and make a welter weight task a heavy weight one. Sure, we do not mean to suggest that the responsibility for delaying criminal trials is always to be laid at the door of the rich and the reluctant accused. We are not unmindful of the delays caused by the tardiness and tactics of the prosecuting agencies. We know of trials which are overdelayed because of the indifference and somnolence or the deliberate inactivity of the prosecuting agencies. Poverty-struck, dumb accused persons, too feeble to protest, languish in prisons for the months and years on and awaiting trial because of the insensibility of the prosecuting agencies. The first Hussainara case (Hussainara Khatoon v. Home Secretary, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f a person is deprived of his liberty under a procedure which is not `reasonable, fair and just', such deprivation would be violative of his fundamental right under Article 21 and he would be entitled to enforce such fundamental right and secure his release. Now obviously procedure prescribed by law for depriving a person of his liberty cannot be `reasonable, fair or just' unless that procedure ensures a speedy trial for determination of the guilt of such person. No procedure which does not ensure a reasonably quick trial can be regarded as `reasonable, fair or just' and it would fall foul of Article 21. There can, therefore, be no doubt that speedy trial and by speedy trial we mean reasonably expeditious trial, is an integral and essential part of the fundamental right to life and liberty enshrined in Article 21". 2. What is the remedy if a trial is unduly delayed? In the United States where the right to a speedy trial is a constitutionally guaranteed right, the denial of a speedy trial has been held to entitle an accused person to the dismissal of the indictment or the vacation of the sentence. But in deciding the question whether there has been a denial of the right ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er Poonam Chand was examined by the Prosecution as their witness. After some vicissitudes, necessitated by the respondent Champalal Punjaji Shah taking the matter to the higher courts, the trial finally concluded and by a judgment dated December 13, 1971 the learned Magistrate acquitted Mohan Lal accused No. 3 but convicted accused No. 1 Champalal Punjaji Shah under various heads of the charge and sentenced him to suffer imprisonment for various terms ranging from two years to four years and to the payment of fine of Rs. 10,000 on each of different counts. The substantive sentences of imprisonment were directed to run concurrently. On appeal, the respondent was acquitted by the High Court. The State of Maharashtra has filed the present appeal against the judgment of the High Court of Bombay after obtaining special leave from this court under Article 136 of the Constitution. 4. The brief facts of the case may now be stated. On May 30, 1965, on information received, P.W. 4, the Superintendent of Central Excise and P.W. 1, the Deputy Superintendent of Central Excise, accompanied by other Central Excise Officers and two panchas, Savlaram Ganpat Bhagat (P.W. 7) and another went to flat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g some negotiations. When he was coming from the building he was dragged into flat No. 14 by the Customs Officers. He had nothing to do with the flat nor did he have anything to do with the gold found in the flat. The bunch of eight keys was not found on his person as alleged by the prosecution. The bunch of three keys was on his person but two out of the three keys were of the scooter purchased by him from accused No. 3. Shri Jethmalani, learned counsel for the respondent initially challenged the reception of the evidence of Poonam Chand into the record but desisted from doing so when we told him that he might confine himself to the rest of the evidence which appeared to us to be sufficient to hold the respondent guilty of the offences with which he was charged. The three outstanding circumstances established against the respondent and not disputed before us by the learned counsel for the respondent were (1) the presence of the respondent in the flat at the time of the raid by the Central Excise Officers and the recovery of the gold slabs of foreign origin from the steel almirah and (2) the recovery of the bunch of eight keys from his person which keys fitted the almirah from whic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ill lead to a miscarriage of justice. 6. Shri Jethmalani also urged that the trial of the respondent was considerably delayed, that there was thus a violation of the fundamental right to life and liberty guaranteed under Article 21 of the Constitution and that was a sufficient ground to entitle the accused to a dismissal of the complaint against him. We have earlier discussed the relevant principles which should guide us in such situations. In this case the accused himself was responsible for a fair part of the delay. He has also not been able to show cause how he was prejudiced in the conduct of his defence by reason of the delay. Shri Jethmalani when suggested that the long lapse of time since the commission of the offence should be taken into account by us and we should refuse to interfere with the order of acquittal or at any rate we should not send the accused back to prison particularly in view of the fact that the accused was preventively detained for over two and nearly three years on the basis of the very acts complained of in this particular case. We are afraid we are unable to agree with Shri Jethmalani. The offence is one which jeopardises the economy of the country an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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