- (1.) VIRENDRA Saran, J. Khursheed has filed this application under Section 482, Cr. P. C. for quashing of his prosecution under Section 20 (b) (2), N. D. P. S. Act which is pending as Sessions Trial No. 375 of 1993, before the District and Sessions Judge, Meerut. The case arises out of Crime No. 1 of 1993 of P. S. Chhaprauli, district Meerut.
(2.) ACCORDING to the allegations contained in the F. I. R. 2 kgs. Chargas was recovered from the possession of the applicant on 3-1-1993. Learned Counsel for the applicant has submitted that a perusal of the F. I. R. goes to show that it is a framed up case. He further pointed out that there is not even a single public witness mentioned in the report and that the mandatory provisions of law regarding searches under the N. D. P. S. Act have been cast to the winds in the present case. The learned Counsel for the applicant has added that the applicant is a young boy, aged about 16 years and he has been in jail for over one year and there is no likelihood of his trial being concluded in the near future. Birth certificate of the applicant has also been filed which goes to show his date of birth as 22-8-1977. I have given my anxious consideration to the facts and circumstances of the case. In my opinion, the submission made by the 'learned Counsel for the applicant can be suitably examined at the time of the trial. The fact remains that the applicant is a young boy and he is lanquishing in jail for over one year without any progress in the trial. The right to speedy trial is a part of the right to personal liberty enshrined in Article 21 of the Constitution. The grievance of the applicant that there has been no progress in the trial appears to be legitimate.
(3.) CONSIDERING entire facts and circumstances of the case, the prayer for quashing of the proceedings against the applicant is rejected but it is directed that in case the trial of the applicant does not conclude within next three months, the learned Special/sessions Judge concerned shall release the appli cant on bail. With the above directions, this application is finally disposed of. Application finally disposed. .;