Mr Emmanual Michael vs Union Of India
2022 Latest Caselaw 12874 Kant

                            1


     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 7TH DAY OF NOVEMBER, 2022

                           BEFORE

           THE HON'BLE MR. JUSTICE K.NATARAJAN

         WRIT PETITION No.16663 OF 2022 (GM-RES)

BETWEEN

MR EMMANUAL MICHAEL
S/O MICHAEL PETER
AGED 34 YEARS
RA/T NO 6(12), 2ND FLOOR
4TH CROSS, KAVERINGAR
HEBBAL
BANGLAORE 560024

(NOW IN JUDICIAL CUSTODY
CENTRAL PRSION
BANGALORE)
                                           ...PETITIONER

(BY SRI. HASHMATH PASHA, SENIOR ADVOCATE
 FOR SRI. SATHYANARAYANA R., ADVOCATE)

AND

1.     UNION OF INDIA
       INTELLILGENCE OFFICER
       NARCOTIC COTNROL BUREAU
       BANGLAORE ZONAL UNIT
       BANGALORE

       (REPRESENTED BY LEANRED
       SPECIAL PUBLIC PRSOECUTOR)

2.     STATE OF KARNATAKA
       BY ITS SECRETARY
       DEPARTEMNT OF LAW AND
                               2


     PARLIAMENTAY AFAIRS
     VIDHANA SOUDHA
     BANGALORE 560001

     REPRESENTED BY GOVERNMENT ADVOCATE
     BANGALORE.
                                     ...RESPONDENTS

(BY SRI. R.D. RENUKARADHYA, HCGP FOR R1
 SRI MADHUKAR DESHPANDE, SPECIAL COUNSEL FOR R1 NCB)

      THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA READ WITH
SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE,
PRAYING TO DIRECT THE RESPONDENTS AND COURT BELOW
TO    CONCLUDE     THE   TRIAL  OF   THE    CASE  IN
SPL.C.C.NO.768/2021 AS PER ANNEXURE-A PENDING ON THE
FILE OF HONBLE XXXIII ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE AND SPECIAL JUDGE FOR NDPS CASES,
BANGALORE CITY, WHICH IS ARISING OUT OF FILE
NO.48/1/20/2020/ZU AS PER ANNEXURE-B ON THE FILE OF
NCB (R-1) BANGALORE WITHIN TWO MONTHS AND
CONSEQUENTLY GRANT SUCH OTHER RELIEF.

     THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING IN B GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:

                        JUDGMENT

This petition is filed under Articles 226 and 227 of

constitution of India praying for issuance of direction to the

XXXIII Additional City Civil and Sessions Judge and Special

Judge for NDPS Cases, Bengaluru, for speedy trial of Spl.

C.C. No.768/2021.

2. Learned proxy counsel for the respondent No.1

submits that the case is handed over by Sri. M.R.

Balakrishna, learned Special Counsel to Sri. Madhukar

Deshpande, learned Special Counsel for respondent No.1

and seeks short accommodation. Though learned counsel

for respondent No.1 seeks short accommodation, no

adjournment will be given on the ground of change of

advocate. This petition is filed seeking only for a direction

to the trial Court to dispose of criminal case.

3. Having considered the arguments advanced by

the learned Senior Counsel, perused the records. The

petitioner is accused in Spl. C.C. No.768/2021 pending on

the file of the trial Court and in spite of issuing summons

to the witness, the trial is not yet commenced. The

petitioner is in custody for almost two years. Considering

the said fact, I am of the view that a direction shall be

given to the trial Court for speedy disposal of the matter in

this regard.

4. Therefore, the petition is allowed. The trial court

is directed to dispose of the case in Spl. C.C. No.768/2021,

within a period of three months from the date of receipt of

copy of this order.

Sd/-

JUDGE

Cs