https://www.taxtmi.com/caselaws?id=45917 Relief under Section 245(3) of the Code of Criminal Procedure is discretionary and is not granted automatically on delay alone. The Court indicated that discharge depends on whether the delay is attributable to prosecutorial default and whether discharge would serve the interests of justice. On the facts, repeated non-appearance and non-production of accused persons, including an absconding accused and difficulties in jail production, meant the matter was not ready for trial and the application was premature. In a case with multiple accused, the relevant appearance date could not be applied mechanically to only one accused, and the seriousness of the NDPS allegations weighed against discharge on a technical ground. en-us Fri, 30 Mar 2001 00:00:00 +0530 Wed, 14 Jul 2010 15:28:32 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=45917 Relief under Section 245(3) of the Code of Criminal Procedure is discretionary and is not granted automatically on delay alone. The Court indicated that discharge depends on whether the delay is attributable to prosecutorial default and whether discharge would serve the interests of justice. On the facts, repeated non-appearance and non-production of accused persons, including an absconding accused and difficulties in jail production, meant the matter was not ready for trial and the application was premature. In a case with multiple accused, the relevant appearance date could not be applied mechanically to only one accused, and the seriousness of the NDPS allegations weighed against discharge on a technical ground. Case-Laws Customs Fri, 30 Mar 2001 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=45917