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Delhi High Court – Orders
Mohan Gupta vs State Govt. Of Nct Of Delhi on 21 April, 2025
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~66
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 2601/2025, CRL.M.A. 11683/2025
MOHAN GUPTA .....Petitioner
Through: Mr. Aditya Aggarwal and
Ms. Shivani Sharma, Advocates.
versus
STATE GOVT. OF NCT OF DELHI .....Respondent
Through: Mr. Amit Ahlawat, APP for State
with Mr. Ramkishan, SI, ANTF
Crime Branch.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 21.04.2025
1. The present petition under Section 482 of the Code of Criminal
Procedure, 19731 seeks the following reliefs:
“a. Allow the present application and may direct the Learned trial
court to examine the raiding team members within a stipulated time period
as deem fit to this Hon’ble Court.
b. Any other relief which this Hon’ble court may deem fit in the facts
and circumstances of the present case.”
2. The Petitioner is an accused in FIR No. 54/2023, registered at P.S.
Crime Branch under Section 21(c)/29 of the Narcotics Drugs and
Psychotropic Substance Act, 1985.2
3. The Petitioner states that he has been in custody since 2nd March,
2023, and has spent nearly 2 years and 2 months in incarceration. Despite
1
“Cr.P.C.”
2
“NDPS Act”
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this considerable lapse of time, the charges have yet to be framed by the
Trial Court. He further submits that in fact, this Court by order dated 4th
April, 2025, has dismissed the regular bail application filed by the
Petitioner. It is argued that continued incarceration with inordinate delay in
trial, which is proceeding at a snail’s pace, constitutes a violation of the
Petitioner’s fundamental right under Article 21 of the Constitution of India,
1950, by placing reliance upon Section 36 of the NDPS Act, the Petitioner
urges that the Prosecution must expeditiously take necessary steps for the
framing of charges followed by examination of witnesses, thereby affording
the Petitioner an opportunity to establish his innocence in this case.
4. Mr. Amit Ahlawat, APP for the State, apprises the Court that the
chargesheet in the present matter was filed on 20 th August, 2023. However,
he submits that the framing of charges is contingent upon the receipt of the
FSL Report pertaining to the analysis of the mobile phone and SIM card
recovered from the Petitioner. In this regard, it is submitted that a reminder
was issued to the FSL on 20th January, 2025, followed by a subsequent
reminder dated 11th April, 2025. Mr. Ahlawat states that that upon receipt of
the aforementioned FSL report, the Prosecution shall proceed to advance
arguments on the point of charge, without delay.
5. The Court has duly considered the contentions advanced by the
parties. In light of the foregoing facts, particularly the prolonged delay of
over two years in the framing of charges, the petition is disposed of with the
following directions:
a. The FSL is directed to expedite the preparation and submission of the
report in relation to the present case. The concerned DCP is instructed to
follow up with the FSL for the said report.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 21/04/2025 at 22:09:40
b. Upon the receipt of the FSL report, the Trial Court shall proceed to
hear arguments on the point of framing of charge without any delay.
c. Post framing of charges, the examination of members of the raiding
team shall be conducted expeditiously.
6. With the above directions, the present petition is disposed of along
with pending application.
SANJEEV NARULA, J
APRIL 21, 2025
nk
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 21/04/2025 at 22:09:41
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