Andrea Alfredo Tonali vs State of Goa

Heard Ms. Collasso, learned Counsel for the Petitioner and Mr. Rodrigues, learned Additional Government Advocate for the Respondent.

Rule. By consent, heard forthwith.

By this petition, the Petitioner an Italian National who was arrested on 13/11/2007 for an offence punishable u/s 20(b)(ii)(B) and 21(B)) of the N.D.P.S. Act, 1985 seeks expeditiously disposal of Special Case No. 1/2009 pending before the N.D.P.S Court at, Mapusa.

According to the Petitioner although he has been granted bail in the said case, he is unable to get any employment and he has been restrained from leaving the country and as such, delay in disposal of the said case is causing serious prejudice to him. According to the Petitioner, his rights under Article 14 and 21 of the Constitution of India are violated on account of undue delay in disposal of the above case.

Mr. Rodrigues, learned Additional Government Advocate states that the trial of Special Case No. 1 of 2009 is delayed since the report from C.F.S.L, Hyderabad in respect of the contraband seized was not received for a long time. He further states that the report has now been received and has been already forwarded to the N.D.P.S Court.

In view of the above, we do not see any impediment in early disposal of the Special Criminal case No. 1/2009 pending against the Petitioner. Considering that the prosecution has been pending almost for more than three years and considering that the Petitioner is a foreign national, we deem it appropriate to direct the Special Judge, N.D.P.S Court at Mapusa to dispose of the Special Criminal Case No. 1 of 2009 expeditiously and in any case on or before 30/8/2011.

Rule is made absolute in the above terms.

The petition stands disposed of.