Calcutta High Court (Appellete Side)
Krishna Paul @ Krishna Pada Paul vs The State Of West Bengal on 31 August, 2023
D/L25 C.R.A. (SB) 18 of 2023
31.08.2023
With
Bpg.
CRAN 1 of 2023
(Assigned)
Krishna Paul @ Krishna Pada Paul
Versus
The State of West Bengal
Mr. Arindam Jana
Mr. Partha Pratim Sinha.
...for the appellant.
Mr. Saswata Gopal Mukherjee, Ld.P.P.
Mr. Saryati Datta.
...for the State.
The present criminal appeal being CRA(SB) 18 of 2023
was preferred against the judgment and order of conviction dated
22.12.2022 and 23.12.2022 passed by the learned Additional
Sessions Judge, 2nd Court, Bangaon, North 24 Parganas wherein
two of the other appellants being Mahadeb Saha and Upen Das also
preferred appeal being CRA(SB) 6 of 2023 and CRA (SB) 8 of 2023.
This Court after perusing the materials appearing from
the records in the appeal so decided, observed that the provisions of
NDPS Act be invoked against the appellants, namely, Upen Das and
Mahadeb Saha and the same principle also applies to the present
appellant, namely, Krishna Paul @ Krishna Pada Paul in CRA(SB)18
of 2023.
The relevant part of the judgment and order dated
10.05.2023 is set out as follows:
"In view of the provisions of NDPS Act being invoked, the
trial of the case should be conducted by the learned special
court-in-charge of the NDPS Act having regard to the territorial
jurisdiction.
It has been informed that the learned Additional District
and Sessions Judge, 6th Court, Barasat is in seisin of
exercising the powers under the provisions of NDPS Act as
Special Court. Consequently, lower court records be sent to the
learned Additional District and Sessions Judge, 6th Court,
Barasat cum Special Court under the NDPS Act.
Both the appellants are in custody they should be
produced before the learned special court on 19th May, 2023. As
the date of the incident is of the year 2014 and during the stage
of trial, the appellants were already on bail, the learned trial
court would release the appellants on bail subject to such
conditions as the learned special court deems fit and proper.
In view of the observations made above, the judgment
and order of conviction and sentence so passed by the leaned
Additional Sessions Judge, 2nd Court, Barasat, North 24
Parganas in Sessions Trial No.02(03)/2019 having is genesis in
Bagdah Police Station Case No.310 dated 27.04.2014 is hereby
set aside. As directed above, the learned trial court is directed to
proceed with the trial of the case from the stage of consideration
of charges."
It has been informed that the present appellant was on
bail. Accordingly, as earlier directed in the other two appeals, the
present appellant will also be released on bail subject to such
conditions which the learned special court deems fit and proper.
The directions passed in the said two appeals would also apply in
the instant appeal.
Matter be immediately remitted to the learned Additional
District and Sessions Judge, 6th Court, Barasat cum learned Special
Court under the NDPS Act for trial under the relevant provisions of
the NDPS Act.
With the aforesaid observations, CRA (SB) 18 of 2023 is
disposed of.
Pending any other application is consequently disposed
of.
Department is directed to immediately communicate with
the learned Additional District and Sessions Judge, 6th Court,
Barasat cum learned Special Court under the NDPS Act.
All parties shall act on the server copy of this order duly
downloaded from the official website of this Court.
Urgent photostat certified copy of this order, if applied
for, be supplied to the parties upon compliance of all requisite
formalities.
(Tirthankar Ghosh, J.)
