ULLRICH KUSTERER Vs. STATE OF RAJASTHAN
LAWS(RAJ)-1994-4-111
HIGH COURT OF RAJASTHAN
Decided on April 06,1994

Ullrich Kusterer Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

- (1.) The petitioner is a German National. On January 7, 1994 he was arrested on the charge that 100 grams of 'Charas' and 90 grams of opium were recovered from his possession on a search made by the SHO, PS Pushkar. He moved an application for grant of his bail, which was registered as S.B. Cri. Misc. Bail Application No. 558/94. The said application was disposed of on 25.2.94. While rejecting the bail application of the petitioner, this Court had given the following directions : (i) "that if the Investigating Officer chooses to file a charge-sheet against the petitioner be should do the same, without any further delay, preferably within two weeks, from the date of receiving a copy of this order; (ii) that the trial Court is also directed to conclude the trial within three months from the date of receipt of file in its Court; & (iii) that for obtaining the report of examination of samples of the contraband articles from the Forensic Science Laboratory, Jaipur, the I.O. shall make request to the Director, FSL, Jaipur to examine the samples out of turn, on priority basis. If such request is made, the samples shall be examined within 15 days, so that the trial may not be delayed for want of report from the Forensic Science Laboratory."
(2.) All the concerned persons were directed to follow the above directions. A copy of the order was also sent by the Registry to the SHO, PS Pushkar.
(3.) This second application has been moved, in which, it has been stated that the directions given by this Court were not complied with by the SHO PS Pushkar in as much as the charge-sheet has not been filed, as yet. This Court vide order dated 25.3.94 directed to issue notice to the SHO PS Pushkar. The notice has not been received, so far. The notice must have been received by the SHO PS Pushkar and it appears that he is not appearing deliberately.;


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