APTAR SARDAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present petitioner has been facing a custody trial for an offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, in connection with Sessions Case No, 13(3) of 2008 before the learned Additional District & Sessions Judge, 12th Court at Alipore and Special Court under N.D.P.S. Act.

(2.) It appears that the learned defence Counsel, who has been entrusted to conduct the trial, is related to the learned presiding Judge and consequently he expressed his inability to appeal in the matter before that particular Court in connection with the said Sessions Trial. When such facts were brought to the notice of the learned trial Court, the learned trial Court was of the view that as the Court was not empowered to release the matter, the learned District and Sessions Judge be moved for transfer of the case. Accordingly, an application for transfer under Section 408 of the Code of Criminal Procedure was moved by the petitioner before the learned District & Sessions Judge at Alipore, South 24-Parganas. However, the learned Judge rejected such application. Hence this criminal revision.

(3.) It is an admitted position that the learned Counsel who has been engaged for defending the accuseds in the aforesaid Sessions trial, is related to the learned presiding Judge, and as such, he was unable to appear before that particular Court. But the learned Sessions Judge rejected the petitioner's prayer for transfer on the ground that firstly, earlier similar application was moved and same was rejected and secondly, personal difficulty of an Advocate in conducting a trial is no ground for transfer.