Jimmy Oteba vs The State (Nct Of Delhi)
2009 Latest Caselaw 2885 Del

                IN THE HIGH COURT OF DELHI

                     Crl.M.C.No. 272/2009

                                    Date of decision: 28th July, 2009

     Jimmy Oteba                          ... Petitioner
           through: None

                                VERSUS

     The State (NCT of Delhi)             ....Respondents
           through: None

CORAM:
HON'BLE MS. JUSTICE GITA MITTAL

        1. Whether reporters of local papers may be allowed to see
             the Judgment?
        2. To be referred to the Reporter or not?
        3. Whether the judgment should be reported in the Digest?

GITA MITTAL, J(Oral)

1.    By this petition, the petitioner has sought expedited completion

of the proceedings in the sessions case no. SC 13/3/08 titled Customs

vs. Jimmy Oteba pending before the court of ASJ/Special Judge, NDPS,

District Courts, Dwarka, New Delhi. The report was called from the

court concerned which has been received. Perusal of the same would

show that the matter was required to be adjourned for almost four

dates for the reason that the special powers under the NDPS Act

pertaining to the South West District were not notified and conferred

on the learned trial court. The notification under the NDPS Act was
                                   -2-

effected on 5th November, 2008. The matter was taken up by the trial

court on 16th November, 2008 when witnesses were directed to be

summoned for 16th January, 2009. On this date, PW 4 and PW 5 stand

examined and discharged.       The matter has proceeded expeditiously

for recording of evidence.

     In   this   background,   the   objection   of   the   petitioner   that

proceedings in the matter are being delayed appears to be unfounded.

This petition is dismissed.

     Needless to say the trial court shall ensure that there is no

unwarranted delay in completion of the trial.



July 28, 2009                                Gita Mittal, J.

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