ALLAUDDIN SHAH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) By this application petitioner seeks to challenge the order dated 25.6.99 passed by the learned Special Judge (N.D.P.S. Act), Howrah in T.R. No. 8 of 1998 by which learned trial court split up the case of the petitioner and another from the case of other accused and directed separate trial of all the accused except the petitioner and another.

(2.) Case in short is that the petitioner and others are accused in the aforementioned case for alleged commission of various offences under Narcotic Drug and Psychotrophic Substances Act. When the petitioner and other accused persons were in custody in connection with the aforesaid case, LIC Town Police Station at Balasore instituted another case being LIC Town P.S. Case No. 209 of 1998 under sections 20(B), 21 and 29 of the N.D.P.S. Act corresponding to Special Case No. 64/98 against the petitioner and others. Pursuant to a production warrant issued by the Special Court (N.D.P.S. Act), Balasore in connection with the aforesaid Balasore case, petitioner and one Naushaba alias Sumitra Dutta were produced before the Balasore Court and since then the petitioner and Naushaba Anjum are in custody at Balasore. It needs to be mentioned here that petitioner and Naushaba Anjum were produced before Balasore Court when they were in the custody of Howrah Court in connection with the aforesaid Howrah case.

(3.) Since then Howrah Court passed several orders issuing production warrant for production of the petitioner and Naushaba Anjum before Howrah Court from the custody of Balasore Court. Yet, petitioner and Naushaba have not been produced before the Howrah Court. Number of other accused are in custody in connection with the Howrah case. For non production of the petitioner and another, trial of the Howrah Case is being delayed.