SAMYA SETT Vs. SHAMBU SARKAR

JUDGEMENT

(1.) Leave granted.

(2.) The present appeal reminds us of a golden advice given by this Court before more than four decades. In State of U.P. vs. Mohd. Naim, (1964) 2 SCR 363, a single Judge of the High Court of Allahabad while deciding a criminal case, made certain sweeping and uncalled for observations against the entire police force of the State. The State, therefore, approached this Court making grievance against indiscriminate observations by the High Court. Observing that the case was exceptional in nature and inherent powers of expunging remarks were called for, this Court, speaking through S. K. Das, J. stated :

(3.) In the case on hand, a judicial officer is constrained to approach this Court for expunging remarks made by a single Judge of the High Court of Calcutta against him. The remarks were made in the light of an order passed by the appellant in connection with a criminal case instituted against one Shambhu Sarkar. It was the case of the prosecution that the accused-Shambhu Sarkar was found possessing 1200 grams of ganza on September 21, 2003. He was, therefore, arrested and a case was registered in Naihati P.S. Case No.115 of 1993 under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1951 (hereinafter referred to as "NDPS Act"). He was produced on September 22, 2003 before the appellant who was then working as Additional District and Sessions Judge, 6th Court, cum-Special Court under the NDPS Act, Barsat, District 24 Parganas. An application for bail was moved by the accused which was rejected by the appellant. The case was directed to be listed on November 3, 2003 for the report of the investigating officer. On November 3, 2003, another bail application was moved by the accused which was also rejected by the appellant. The case was then fixed for hearing on November 17, 2003. On that day, the accused again made an application for bail which was rejected and the case was adjourned to December 1, 2003. Before that date, however, on November 21, 2003, an application for bail was moved on behalf of the accused under sub-section (2) of Section 167 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code") contending inter alia that the statutory period for submission of charge-sheet was over and no charge sheet had been submitted by the police. The accused was, therefore, entitled to be released on bail. Noting these facts, the appellant passed an order releasing the accused on bail on furnishing a bond of Rs.3,000/- with two sureties of Rs.1500/- each. On the same day, however, at a later stage, it was stated that the charge-sheet had already been submitted. The case diary was produced by the prosecution which showed that the cognizance for an offence punishable under Section 20 of the NDPS Act had been taken against the accused. But as the public prosecutor was not present, those facts could not be brought to the notice of the court. In the circumstances, the appellant recalled the earlier order.