If Charges Were Framed In Nov 2022, Why Recording Of Evidence Not Commenced Till Date? Supreme Court Seeks Explanation From Trial Court
The Supreme Court on Monday (July 1) sought an explanation from a Trial Court for not commencing the recording of evidence in the trial despite the framing of charges that took place way back in November 2022.
“We fail to understand that if the charge came to be framed way back in November 2022, why the recording of the evidence has not commenced till this date. This question should have been put by the High Court while passing the impugned order. The trial court owes an explanation in this regard.”, the Vacation Bench comprising Justices JB Pardiwala and Ujjal Bhuyan said.
The petitioner/accused, charged with the offences punishable under Sections 8(C), 22(C), and 29 respectively of the Narcotics Drugs and Psychotropics Act, is in custody for two years and seven months and according to the petitioner, not a single witness has been examined by the prosecution till date.
The petitioner approached the Supreme Court against the Gujarat High Court's order rejecting the regular bail plea of the petitioner/accused.
After hearing counsel for the petitioner, the Court agreed to issue notice to the respondents/State of Gujarat. Also, the Court directed the Registry to call for an explanation from the concerned trial court as to why the trial has not commenced till this date.
Case Title: PRAVINKUMAR BALVANTRAM VANA (BISNOI) VERSUS STATE OF GUJARAT