James Toner vs State of Goa

A.P. Lavande, J.—Heard Ms. Collasso, learned Advocate for the petitioner and Mr. Rivonkar, learned Public Prosecutor for the respondents. Rule. By consent, heard forthwith.

By this petition, the petitioner, who is the accused in Special Case No.18/2009 pending before the Special NDPS Court at Mapusa, seeks a direction that the case against him be taken up expeditiously on day to day basis.

It is the case of the petitioner that he has been charged with the offences punishable under Sections 20(b)(ii) (B), 21(B) of the NDPS Act, 2001. The petitioner was released on 26/04/2010 by the learned Special Judge by imposing several conditions, which are being complied by the petitioner till date. According to the petitioner, he is a foreigner; his mother is aged 70 years old and heart patient; she requires constant treatment. It is further the case of the petitioner that the petitioner has no source of income in India and as such, he is finding it extremely difficult to stay in India without any job. The petitioner is not in a position to leave the country in view of the bail conditions imposed on him at the time of grant of bail.

Reply filed on behalf of the respondents discloses that presently there are 87 matters pending before the NDPS Court at Mapusa out of which 43 matters are of foreign nationals, 21 matters are custody matters. In the Special Case No.18/2009, till 17/07/2012 six witnesses have been examined. It is further the case of the respondents that the NDPS Court is entrusted with all the NDPS matters and as such, is not in a position to take up all the NDPS matters for trial.

Mr. Rivonkar, learned Public Prosecutor appearing on behalf of the respondents submits that the respondents shall endeavour to dispose of the case expeditiously by examining remaining two witnesses.

In view the statement made by learned Public Prosecutor and in view of the huge pendency of the cases, more particularly of custody matters before the NDPS Court, we do not propose to pass any order directing day to day trial. We accept the statement made by the learned Public Prosecutor. The prosecution shall make endeavor to examine the remaining witnesses expeditiously. The learned Special Judge shall dispose of Special Case No.18/2009 expeditiously. Rule is made absolute in aforesaid terms with no order as to costs.