MAYABALA DUTTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) These three revisional applications are directed against identical orders passed on 16/3/1988 by Shri M.K Basu, Additional Sessions Judge, Hooghly, in Sessions Trial Nos. 3 of 1982, 5 1982 and 175 of 1980, refusing the petitioner's prayers for adjournment of the trials on the ground of her unsound of mind and incapacity to make her defence. As all the three cases involve a common question of law, they have been heard together and this order will govern all of them.

(2.) The petitioner is the owner of a Drug house at Serampore. For alleged violation of Section 18(a) and (c) of the Drugs and Cosmetics Act, 1940 (Act. for short) and rule 65(18) of the Drugs and Cosmetics Rules, 1945 on three occasions, she and her son Bidhan Chandra Dutta were arraigned before the learned Additional Sessions Judge in Sessions Trial Nos. 3 of 1982, 5 of 1992 and 175 of 1980 to answer the charge under Section 27 of the Act, read with Section 34 of the Indian Penal Code. It may be pointed out that the three cases were being tried simultaneously by the learned Additional Sessions Judge.

(3.) The trials were to commence on and from 15/3/1988 but due to Bharat Bandh ort that day, the court could not function and the accused persons could not also appear. On 16/3/1988 three applications for adjournment of the trials were filed on behalf of the petitioner in the aforementioned three cases on the ground that due to prolonged and acute mental and psychological disorders she had developed unsoundness of mind and was incapable of taking her defence. It was also stated in the applications that on the advice of the Psychiatrist arrangement were being made for her immediate admission to a Mental Hospital. The applications were strongly opposed by the learned Additional Public Prosecutor who submitted that it was always the practice of the defence to take adjournment whenever the cases were fixed for trial.