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2. Sri Dhan Singh will hereinafter be referred to as the applicant or the petitioner. The petitioner has prayed for setting aside the case being CR Case No. 6/1996, in connection with GR Case No. 413/1994, arising out of Tezpur PS Case No. 211/1994, corresponding to CBI Page No.# 3/27 Case No. RC-6/1999-SIU, XI-CBI/New Delhi dated 29.10.1999, based on Charge Sheet No. 6/2000 (21.10.2000), under Section 20(b)/25/29, read with Section 8 of the NDPS Act, 1985 pending in the Court of learned Special Judge, Sonitpur, Tezpur, and with prayer to release the petitioner from custody. An alternate prayer was made to expedite the disposal of CR Case No. 6/1996, arising out of GR Case No. 413/1994 or any such order or directions
4. Investigation commenced and the Police finally submitted charge sheet on 05.02.1996, against Mohan Singh and Ramesh Chandra Jaiswal, i.e., driver and owner of the truck
5. It is pertinent to mention that the contraband weighed 2660 kgs. However, on Page No.# 4/27 30.09.1999, the learned Special Judge, after perusal of the charge sheet opined that the investigation was perfunctory and could not bust the gang involved in the drug trafficking and an order was passed for de novo investigation and if need arises, to be investigated by CBI. FIR No. being RC-6/99-SIU, XI/CBI New Delhi dated 29.10.1999 was thereafter registered. After investigation, the IO of the CBI submitted charge sheet being 6/2000 dated 21.10.2000, under Section 20(b)/25/29, read with Section 8 of the NDPS Act, 1985, against the present petitioner, who was arrested on 27.07.2000.
19. It is further submitted by the petitioner that the bail order of this Court was set aside by the Hon'ble Supreme Court on 13.03.2003, on technical grounds. It is further contended that the petitioner was re-arrested on 26.09.2022 and since then, he has ben languishing in Page No.# 8/27 the jail in a case, which is not likely to end in conviction, more so, when 28 years have passed since inception and when the original case record is not traceable. The Assistants in the office of the Court of the Sessions Judge failed to trace out the case record of CR Case No. 6/1996. The learned Sessions Judge has observed in the order dated 03.05.2023 that a letter was submitted on 19.01.2001 by H S Chopra, DSP, CBI SP SIU.XI New Delhi, wherein he has stated that- the brief case containing the original documents and the statements of the witnesses were stolen in the train, while travelling from Guwahati to New Delhi. It was further observed by the learned Sessions Judge that-
45. It is further contended that the order dated 03.05.2023, passed in CR Case No. 6/1996, reflects that -
".............the supplementary case record produced before this Court also shows an original letter dated 19.01.2001, submitted by H S Chopra, Deputy Superintendent of Police, CBI SPE SIU.XI New Delhi, wherein he has submitted before the Court that the BRIEFCASE, containing the original documents and the statements of the witnesses, was stolen in the train when travelling from Guwahati to New Delhi, but he has submitted the photocopies of the documents and the examination of the witnesses to the Court for record purpose........"