LAYEK ALI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application challenging a criminal proceeding including an order dated 12.03.2018 passed therein.

(2.) Learned counsel appearing on behalf of the petitioner submits that the petitioner is not praying for quashing of the proceeding in which a charge-sheet was submitted under Sec. 21(c), 25, 29 of the N.D.P.S. Act. Accordingly, the prayer for quashing the proceeding is dismissed as not pressed.

(3.) Learned counsel for the petitioner further submits as follows. After submission of charge-sheet against the petitioner and some other coaccused on 28.02.2018, the learned Special Court was pleased to take cognizance of the offences and issued warrant of arrest against the petitioner and others. On the next date i.e., on 12.03.2018 without recording any satisfaction regarding abscondence of the petitioner as contemplated under Sec. 82 of the Code of Criminal procedure, the learned Special Court issued an order of proclamation against the petitioner and another. This cannot be sustained in law. The orders passed in 2018 are challenged in this revision. The same has been preferred under Art. 227 of the Constitution of India read with Sec. 482 of the Code.