Lawstreet Journal

Supreme Court Transfers an NDPS Case from Chennai to Delhi Court Due to Communication Problem

Lawstreet Journal 3 Aug 2020 5:45pm

Image courtesy: Lawstreet Journal Judiciary Supreme Court Transfers an NDPS Case from Chennai to Delhi Court Due to Communication Problem

The Apex Court transferred an NDPS case from Chennai to Delhi court. The case was against a Brazilian Citizen, Jalison Manoel Da Silva.

According to Justice Hrishikesh Roy, the trial has not made expected progress in the Chennai Court for the past four years due to communication problems.

The petitioner stated that the trial in the Chennai court is stalled in the last 4 years mainly because he was unable to communicate with his lawyer and arranging for his defense has become impossible.

He also annexed that the Brazil Embassy in Delhi is willing to assist the accused if the trial of the suit is transferred to Delhi court.

Before the court, the Narcotics Control Bureau submitted that the accused is entitled to effective legal representation, such legal assistance is being offered to him in the Chennai court as well.

After taking note of the submission by Narcotics Control Bureau, Justice Hrishikesh Roy observed that “I have considered the circumstances of the case and also the fact that the trial has not made much progress in the Chennai Court since last four years primarily because of the communication problem. If the case is transferred to the court in Delhi, the Narcotics Control Bureau who are the Prosecutor in this case will have no difficulty, as their officers and lawyers are available in Delhi.”

Though the order, in this case, states Section 25 CPC, it seems to be a typographical mistake. The provision to be invoked seeking transfer of a criminal case is 406 of the Code… Continue Reading...

Tagged: NDPS  
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