NELSON VINCENT Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS application has been taken out for enlarging the petitioner on bail on any condition that may be imposed by this Court.

(2.) THE petitioner has been arraigned in a proceeding under Sections 2o (b) (B)/29 of the Narcotic Drugs and Psychotropic Substances Act. He has been in custody for about 193 days. It appears from the record that investigation is complete and charge-sheet has been submitted. However, charge cannot be framed in view of the fact that another accused is absconding and necessary steps have been taken for arresting him to bring him before the Court of justice. Under such circumstances, the petitioner says that there is no possibility of the charge being framed and trial being held at an early date; notwithstanding specific direction by this Court given earlier for consideration of framing charges in order dated 3rd February, 2009.

(3.) MR. Kabir, learned lawyer for the petitioner, complains that investigation is complete and it is for the fault of the prosecution for which consideration of framing of charges was not done and matter was adjourned till 20th March, 2009. Investigation is complete ; there is no need for further detention of the petitioner in custody. Only task left is to complete the trial but the same cannot take place until and unless charge is framed. The petitioner is not at fault, so in terms of liberty, granted earlier by this Court, prayer for bail is renewed.