Mahammed Ashraf vs State Of Karnataka, By Konji Police Station, Dakshina Kannada, Represented By Spp, High Court Building, Bengaluru - 560001

S Vishwajith Shetty, J

Accused No.4 in Special Case No.9/2023 pending before the Court of Principal District and Sessions Judge, Mangalore, arising out of Crime No.109/2022 registered by Konaje Police Station, Mangaluru City, for the offences punishable under Sections 8C and 20(b)(ii)C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter for short referred to as the 'NDPS Act') is before this Court under Section 439 of Cr.P.C., seeking regular bail.

Learned counsel for the petitioner after arguing the matter for some time submits that all the four accused persons are in custody from 26.12.2022 onwards. Trial in the case has already commenced and therefore the Trial Court may be directed to expedite the trial and dispose of the case on merits as expeditiously as possible.

Learned High Court Government Pleader in-turn submits that the commercial quantity of the contraband articles-Ganja has been seized from the accused persons, who are the permanent residents of Kerala State. Altogether there are 18 charge sheet witnesses in the case and therefore they cannot be granted regular bail in view of the provisions of Section 37(1)(b)(ii) of the NDPS Act. However, he fairly submits that the Trial Court may be directed to expedite the trial.

Submissions made on both the sides is placed on record.

Considering the fact that the accused persons are in custody from 26.12.2022 and the trial in the case has already commenced, the Trial Court before which Special Case No.9/2023 is pending, is directed to expedite the trial and dispose of the matter on merits as expeditiously as possible but not later than a period of six months from the next date of hearing before the Trial Court.