R D UPADHYAY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) An affidavit by the D. I. G. of Prisons, west Bengal has been filed, along with certain documents, including copy of the court record relating to appearance of Ajoy Ghosh in the trial court. The affidavit is taken on record. The affidavit and the record leave many questions unanswered.

(2.) It is noticed that after the arrest of ajoy Ghosh, he was produced in custody before ACMM on 29/07/1962 and was, thereafter, produced in the court on various dates till 8/11/1962. The order sheet further reveals that after 8/11/1962, the next order was made on 8/02/1964, almost after one year. There are court orders of the learned acmm till 7/05/1964 but the next order is dated 12/11/1983. What happened during the period 1964 to 1983, aperiod of almost 19 years, is not known there is also nothing on the record which may disclose as to how Ajoy Ghosh was treated during all this period and what was the state of his health. The record also does not disclose how the Additional Chief metropolitan Magistrate, who was seized of the case, dealt with this case after 1964 till 12/11/1983.

(3.) On 12/11/1983,when the case was put up before the learned CMM, a direction was given to the superintendent. Presidency Jail, alipore to cause production of ajoy Ghosh on 8/11/1983. Ajoy Ghosh was produced before the court on 18/11/1983 and the order inter-alia reads thus :- "accused be produced before this court when he is found physically and mentally fit. "