DIPAK DEY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) -Heard the learned Advocate for the petitioners. As per Affidavit of Service Notice appears to have been served on the State. However, Mt. Sudipto Moitra, learned A.P.P. High Court who is present in Court is heard.

(2.) It appears that the accused persons, being bird chasers were arrested on 27 -11-1991 for alleged offence under Section 283 of the Indian Penal Code and also violation of BIA of the Indian Aircraft Rules, the maximum punishment being two years. Charge-sheet was submitted and cognizance was token by order dated 14th July, 1992 but in the order taking cognizance there is no mention whether the relevant papers mentioned under Section 173(5) of the code of Criminal Procedure was there or not.

(3.) Be that as it may, from 14-71992 till 18-2-1997 no copy could be supplied to the accused persons even though the accused petitioners are present in Court as appears from the certified copy of the order sheets and it is only on 2-1-1998 that copies could be supplied.