Md. Rashidul Haque v. Union Of India Through Its Cummissioner Of Custom Pre Division, Farbisganj, Bihar

Patna High Court Cr.Misc. No.15667 of 2015 (4) dt.07-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15667 of 2015 Arising Out of PS.Case No. -7 Year- 2012 Thana -GOVERNMENT OFFICIAL COMP. DistrictARRARIA ====================================================== Md. Rashidul Haque Son of Late Mofizuddin Sheikh Resident of Village Dighaltare, P.s Galagaon district- Dubari(Assam) .... .... Petitioner

Versus

1. Union of India Through Its Commissioner of Custom (pre ) Division, Farbisganj, Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Ram Prawesh Kumar, Advocate. For the State : Mr. Sanjay Kumar, ASG. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 07-08-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner has been arrested in connection with Complaint Case No.VIII(10)46/Seiz./NDPS/DPU/FBG/12-13 in connection with Special Case No. 7 of 2012 registered under Sections 20(B)(ii)(C) of N.D.P.S. Act with regard to recovery of 900 Kg and odd from the possession of the petitioner. In this connection a report has been called for and trial court reported that out of 17 witnesses, 2 witnesses have been examined and summons against the remaining witnesses have already been issued. It is further reported that if the prosecution produced the rest remaining witnesses on each and every date fixed in this case then case will be concluded within six months. It is horrible that learned Additional Sessions Judge is unable to ensure the attendance of the witnesses. Hence 1st Additional District & Sessions Judge, Araria, is directed to ensure the attendance of the witnesses of the

Patna High Court Cr.Misc. No.15667 of 2015 (4) dt.07-08-2015 prosecution party and not to remain mercy of the prosecution witnesses and expedite the trial for early disposal of the case preferably within six months.

With this observation, the petition is disposed of. m.p.

(Gopal Prasad, J) U T