Judgment S. C. MITTAL, J. ( 1 ) THE petitioners have moved this petition under section 482, Cr. P. C. for setting aside the order dated 26-5-1990 by which charge has been framed under section 54 of the Rajasthan Excise Act, 1950 in Criminal Case No. 359/89 and prayed to drop the entire proceedings. Charge sheet was present against the petitioners on 13-6-1989 in the court of Judicial Magistrate, Sriganganagar for trial under section 54 of Rajasthan Excise Act, 1950. Charge was framed on 26-5-1990 and the prosecution examined PW-1 Jail Singh, PW2 Butta Singh alid PW-3 Brijlal on 13-11-1992. Witnesses Nos. 1 to 4 were ordered to be produced by bailable warrants since then prosecution witnesses 1 to 4 have not been produced by the prosecution by effecting service of the bailable warrants. A perusal of the proceedings on various dates shows that number of times, process was issued to procure the attendance of prosecution witnesses Nos. 1 to 4 but their summons or bailable warrants were not returned after service. For two or three dates the process was not issued and for another dates the presiding officer was on leave. But mainly, the case was adjourned several times for not producing the prosecution witnesses Nos. 1 to 4. Now, the date fixed in this case for prosecution witnesses is 11-7-1996 and they have to be examined and warrant of arrest for Rs. 500 (five hundred) have been ordered to be issued. ( 2 ) THE learned counsel for the petitioner has vehemently argued that there is inordinate delay in the trial of the case and the fundamental right of the petitioners under Article 21 of the Constitution of India has been violated. The petitioners have a right for expeditious trial of the case against them. The petitioners are attending the court on each date and fully cooperating with the trial. There is no delay in the trial of the case on account of any fault of the petitioners. The case was instituted in the year 1989 for the occurrence dated 25-6-1988. It is further contended that the offence under section 54. Rajasthan Excise Act is punishable with imprisonment which may extend to maximum three years. It is therefore prayed that the powers under section 482 should be invoked and the proceedings against the petitioners should be quashed. The case was instituted in the year 1989 for the occurrence dated 25-6-1988. It is further contended that the offence under section 54. Rajasthan Excise Act is punishable with imprisonment which may extend to maximum three years. It is therefore prayed that the powers under section 482 should be invoked and the proceedings against the petitioners should be quashed. ( 3 ) LEARNED Public Prosecutor has opposed the petition arguing that the witnesses are serving in Border Security Force and they have been posted on duty and could not be served. It is argued that the court may give directions to the trial court to expedite the trial and complete it within the time allowed by this court. ( 4 ) I have considered the submissions. The proceedings show that the bailable warrants issued against prosecution witnesses Nos. 1, to 4 have not been returned after due service on number of times and no reason was assigned for the same. In spite of that the court took liberal view and ordered to issue bailable warrants time and again but it appear that the concerned agency has not availed the opportunities accorded by the court to serve the process and to produce the witness for examination. The witness are serving in Border Security Force and in view of these circumstances I am of the view that there should not be any difficulty for the prosecution to serve the process issued by the courts. Therefore, I definitely find in this case extraordinary delay by the prosecution in producing its witnesses for examination in the court is the main reason for delay in completing trial I am of the view that in the facts and circumstances of this case no useful purpose will be served for giving directions has prayed for by the learned public prosecutor. The petitioners are attending the court regularly since 13-6-1989. I am inclined to accept the contention of learned counsel for the petitioner that the petitioners have already suffered a protracted trial and a mental torture by attending on the dates fixed by the courts without any progress in the case. The petitioners have relied upon Hemraj v. State of Rap, wherein the proceedings under section 7 read with Sec. 16, Prevention of Food Adulteration Act, 1954 were quashed under section 482, Cr. The petitioners have relied upon Hemraj v. State of Rap, wherein the proceedings under section 7 read with Sec. 16, Prevention of Food Adulteration Act, 1954 were quashed under section 482, Cr. P. C. food sample was taken on 26-7-1983 and a complaint was filed on 11-11-1963 in that case. The trial case also completed on 25-11-1987 but the presiding officer was transferred and de novo trial was ordered under section 326 (3), Cr. P. C. Then it was held that it violate the right for expeditious trial under Art. 21 of the Constitution of India. The trial continued upto 22-1-1992 on account of orders of de novo trial due to the transfer of the presiding officer of the court. It was held in the facts and circumstances of the case that the petitioner cannot be exposed to mental torture, physical harassment and successive de novo trials for 11 years and the proceedings were quashed. ( 5 ) IN this case before us the petitioners are facing trial since 1989. I am of the view that the petitioners have the right to expeditious trial and it has been violated in this case as the prosecution has failed to serve the process against the witnesses and could not produce the witnesses for examination. The petitioners could not be expected to suffer any more the protracted trial and the mental torture consequent thereof. I am of the view that it is a fit case where this court should invoke its powers under section 482, Cr. P. C. to quash the charges and the proceedings against the petitioners, ( 6 ) IN the result, the petition is allowed, The charge under section 54 of the Rajasthan Excise Act, 1950 framed against the petitioners by order dated 26-5-1990 and the proceedings in Cr. Case No: 359/89 under section 54 of the Rajasthan Excise Act, 1950 pending in the court of Additional Chief Judicial Magistrate No. 1, Ganganagar are hereby set aside and quashed. Petition allowed.