Ashadul Haque v. The Ncb & ANR.

13.08.2021

IN THE HIGH COURT AT CALCUTTA

Item No.7 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 400 of 2012 (Via Video Conference) Ashadul Haque versus The Narcotics Central Bureau, Eastern Zonal Unit & Anr.

In Re: An Application under Section 484 read with Section 401 of the Code of Criminal Procedure, 1973.

This revisional application was preferred challenging the order dated 23.11.2011 passed by learned Judge, Special Court, NDPS Act in connection with NDPS Case No. 98 of 2008 under Sections 20(b)(ii)(B)/21(C)/29 of the NDPS Act. The grievance of the petitioner was in respect of issuing of warrant of arrest against the present petitioner. Records of this case reflect that although the revisional application was filed in the year 2012, but the same has not been moved for admission.

Considering the fact that the warrant of arrest was issued against the petitioner in the year 2011 and more than nine years have passed in the meantime and further no information being placed before this Court regarding the finality attained in respect of the said order so far as the execution of the warrant of arrest is concerned, I am of the view that at this stage any interference would prejudice the prosecution. As such, no interference is called for. Accordingly, CRR 400 of 2012 is dismissed.

Interim order, if any, is hereby vacated.

All pending applications, if any, are consequently disposed of.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.)