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2004 DIGILAW 1669 (SC)

Asstt. Commissioner of Customs, Mumbai v. Francis Odillo Roezer

2004-11-29

ARUN KUMAR, B.P.SINGH

body2004
JUDGMENT : This is a case under the NDPS Act in which a foreign national, who was planning to leave this country, was convicted by the Trial Court but acquitted by the High Court. Special leave petition has been filed before this Court after a delay of 864 days. Explanation so far furnished is not satisfactory. But we permit the Counsel for the petitioners to file a better affidavit. 2. We wish to emphasise that in cases of this nature which have serious repercussion, the State authorities should be alert and must take steps promptly rather than delay the matter. This petition appears to have been filed after 864 days delay, only with a view to avoid responsibility and take shelter behind the order of this Court dismissing the special leave petition. The Government must hold an inquiry and find out who are the persons responsible for the delay and for what reason. We say so because in some cases we have experienced that by the time the Court issues notice, respondent has already left this country and there is no chance of getting him back to serve the sentence in case he is convicted. 3. Let the affidavit be filed within four weeks.