SAHIDUL HAQUE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application challenging the issuance of warrant of arrest, proclamation and attachment against the petitioner.

(2.) Let a copy of this application be served upon Mr. Imran Ali and Ms. Rita Dutta, learned counsels, who are present in Court today and who ordinarily appear on behalf of the State. Their engagement may be regularised in due course by the competent authority of the State.

(3.) Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is an accused in this case. The present case was started under Ss. 20 and 29 of the NDPS Act on 14/3/2019. The investigating agency submitted a charge sheet on 5/9/2019 against three persons including the present petitioner. A warrant of arrest was issued against the present petitioner on 29/11/2019. On 20/10/2020, the learned trial court issued warrant of arrest, proclamation and attachment against the absconding accused. The same has remained pending since then. First, no non-execution report was filed on 20/10/2020 that could have warranted issuance of proclamation. Secondly, an order of attachment and proclamation cannot be issued together on the first day. There is a process which has to be exhausted in respect of issuance of proclamation and only after that an attachment order can be issued. In the interest of justice, the process issued against the petitioner should be set aside.