Basu Ghosh @ Basudeb Ghosh @ Basu vs The State Of West Bengal
2023 Latest Caselaw 1533 Cal

Form J(1)       IN THE HIGH COURT AT CALCUTTA
                   Criminal Revisional Jurisdiction
                             Appellate Side
Present :
The Hon'ble Justice Bibek Chaudhuri

                      C.R.R. 4454 of 2022
             Basu Ghosh @ Basudeb Ghosh @ Basu
                             Vs.
                  The State of West Bengal

For the petitioner     : Mr. Arnab Chatterjee, Adv.
                         Ms. Poulami Bose, Adv.

For the State          : Smt. Sreeparna Das, Adv.

Heard on               : 01.03.2023.

Judgment On            : 01.03.2023.

Bibek Chaudhuri, J.

Though the petitioner/accused in NDPS Case No.34 of 2020

pending before the learned Judge, Special Court under the NDPS Act

at Krishnanagar, Nadia under Section 21(c) / 29 of the Narcotic Drugs

and Psychotropic Substances Act has prayed for quashing of the

proceeding, the learned Advocate for the petitioner has not pressed

such prayer. Learned Advocate for the petitioner submits that by an

order dated 9th June, 2022, the case against the accused/petitioner

Basu Ghosh @ Basudeb Ghosh @ Basu was filed for the present by

the learned Trial Judge. Prior to that vide order dated 30 th April,

2022, the learned Trial Judge issued W.P. & A against the said Basu

Ghosh without considering the fact that non-execution report of

warrant of arrest was received by the learned Trial Judge and

composite order under Sections 82 and 83 of the Code of Criminal

Procedure cannot be passed.

Be that as it may, it is submitted by the learned Advocate for

the petitioner that the petitioner was in custody in connection with

NDPS Case No.82 of 2020. The said case was disposed of vide

judgment and order of acquittal dated 10th August, 2022. Only after

10th August, 2022, the accused/petitioner came out from judicial

custody. The prosecution did not mention in the Trial Court on 30 th

April, 2022 and on 11 th July, 2022 that accused Basudeb Ghosh was

in custody. No prayer was made for issuing warrant showing him

arrested in connection with this case at the relevant point of time.

Now after being released, the accused/petitioner finds that NDPS

Case No.34 of 2020 is also pending against him.

On perusal of the averment made in the instant revision and

having heard the learned Advocate for the petitioner, this Court is of

the view that the instant revision can be disposed of here and now

with the assistance of the learned Advocate on behalf of the State.

Ms. Sreeparna Das, learned Advocate be requested to assist

this Court on behalf of the State as the Public Prosecutor-in-Charge.

Appointment of Ms. Sreeparna Das, learned Advocate be

regularized by the learned Legal Remembrancer, Government of West

Bengal.

The petitioner is directed to serve a copy of the application in

course of this day.

It is submitted by the learned Public Prosecutor-in-Charge that

the orders dated 30th April, 2022 and 9th June, 2022 may be recalled

and the petitioner may be given an opportunity to surrender before

the Trial Court. On his surrender, the learned Trial Judge shall

consider as to whether he should be released on bail or not in

accordance with law.

In view of such submission made by the learned Public

Prosecutor-in-Charge, the instant revision is disposed of recalling the

order dated 30th April, 2022 and 9th June, 2022.

The petitioner is at liberty to surrender or take appropriate step

before the Trial Court within 14 days from the date of this order.

Parties are at liberty to act on the server copy of the order.

(Bibek Chaudhuri, J.)

Mithun De/ A.R. (Ct).

Sl No.26.

D/L.