CRM No.M-6955 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRM No.M-6955 of 2010 Date of decision : 13.12.2010 Balwant Singh .........Petitioner Vs. State of Punjab .......Respondents CORAM : HON'BLE MR. JUSTICE M.M.S.BEDI : Present:- Mr.H.S.Bhullar, Advocate, for the petitioner Ms. Abhishek Chautala, AAG, Punjab ---- M.M.S.BEDI, J (ORAL) : The petitioner seeks the quashing of FIR No.115 dated 19.8.2007, under Sections 22, 61, 85 of NDPS Act, registered at P.S.Mandot, Distt. Ferozpur, inter alia, on the grounds that the FIR was registered on the allegations that Phenotil tablets, containing Diphenoxylate hydrocholoride/Atropine sulphate, were allegedly recovered from the petitioner. The said tablets are manufactured drugs. As such, no offence is made out under any provisions of NDPS Act. During the course of arguments, it has been informed that challan has already been presented, the petitioner has already been charge-sheeted and the matter is listed for evidence. Learned counsel for the petitioner submits that no offence being made out from the contents of the FIR and that it is a fit case CRM No.M-6955 of 2010 -2- where FIR should be quashed. I have considered the facts and circumstances of this case. Charges in this case were framed on 7.12.2007 whereas this petition was filed on 3.3.2010, i.e. three years after the framing of charges, on the ground that no evidence is being produced by the prosecution to establish the charges against the petitioner. I have heard learned counsel for the petitioner. The petitioner, no doubt, can seek the expeditious disposal of this case but quashing of FIR merley on the ground of delay is not warranted. However, in the interest of justice and taking into consideration the delay, which has been caused in production of the evidence by the Prosecution Agency, it is deemed appropriate to dispose of this petition with a direction that learned trial Court will conclude the trial within a period of six months, after the next date of hearing i.e. 14.1.2011. It will be opened to the learned trial Court that in case the evidence is not produced, it will be open to the Court to close the prosecution evidence. Copy of this order be sent to the SSP, Ferozpur to ensure that prosecution evidence be produced expeditiously. Disposed of. (M.M.S.BEDI) JUDGE 13th Dec., 2010 akm CRM No.M-6955 of 2010 -3-