Sadik vs State Of Kerala

This Bail Application is filed under Section 439 of Criminal Procedure Code.

This is the third bail application filed by the petitioner who is an accused in Crime No.1/2019 of Trivandrum Excise Circle Office, Trivandrum.

He is the first accused in the above case. The above case is chargesheeted against the petitioner alleging offences punishable under Sections 20(b)

(ii) (c) and 29 of the Narcotic Drugs and Psychotropic Substances Act. The petitioner is in custody from 19.01.2019 onwards.

The prosecution case is that on 19.1.2019 at about 12.45 p.m the petitioner/first accused along with second accused were found in possession and

transportation of 10.984 Kg of Hashish oil.

When this bail application came up for consideration on 24.2.2021, this Court was not inclined to entertain this Bail Application. Hence, this Court

directed the Registry to get a report from the trial court regarding the time required to dispose of the main sessions case itself. Now the learned

Sessions Judge sent a report. The relevant portion is extracted here under.

“This court issued summons in three Sessions Cases for conducting trial during March, 2021, one Sessions Case during April, 2021, one

Sessions Case during May, 2021, three Sessions Cases during June, 2021 and two Sessions Cases during July, 2021. In these

circumstances, summons can be issued to the witnesses in this case for the month of July, 2021 (2nd half) and I expect the trial can be

concluded and the case can be disposed of before 31st August, 2021.

In these circumstances, I submit that six months time is required to dispose SC 1128/19.â€​

In the light of the above report, there can be a direction to the learned Additional Sessions Judge-II, Thiruvananthapuram to dispose Sessions Case

No.1128/2019 as expeditiously as possible, at any rate, within a period of six months. Therefore, this bail application is disposed of directing the

Additional Sessions Judge-II, Thiruvananthapuram to dispose of Sessions Case No.1128/2019 as expeditiously as possible, at any rate, within a period

of six months from today.