Calcutta High CourtCRR/882/2024disposed

Mohd. Ashfaque Khan v. State Of West Bengal And ANR

2024-03-28Hon'Ble Justice Tirthankar Ghosh2 pages

28.03.2024 Item No.13 Ct.No.34 dc.

C.R.R. 882 of 2024 In Re : An Application under Section 482 of the Code of Criminal Procedure filed in connection with NDPS Case No. 80 of 2022 arising out of Karandighi Police Station Case No. 641 of 2022 dated 16.12.2022.

And In Re :

Mohd. Ashfaque Khan ... Petitioner.

Mr. Moyukh Mukherjee, Mr. Ariful Islam, Ms. Sagnika Banerjee ... For the Petitioner.

Mr. Arijit Ganguly, Ms. Rita Datta ... For the State.

Report dated 14.03.2024 submitted by Mr. Ganguly, learned advocate appearing for the State be kept with the record.

Records reflect that proclamation was issued against the present petitioner on November 2023. Learned advocate appearing for the petitioner submits that the petitioner intends to appear and surrender before the learned Special Court.

In view of the undertaking given by the learned advocate appearing for the petitioner, the order of issuance of proclamation and attachment be kept in abeyance till 15.04.2024. If the petitioner appears and prays for bail before the learned Judge, Special Court (NDPS Act), Raiganj, Uttar Dinajpur in connection with NDPS Case No. 80 of 2022 arising out of Karandighi Police Station Case No. 641 of 2022 dated 16.12.2022, the learned Special Court will consider his application for bail in accordance with law.

In case the petitioner do not appear before the learned trial court/special court on or before 15.04.2024, the learned court would revive the issue relating to proclamation and attachment and direct the Superintendent of Police of the concerned district to take steps for completing the process of proclamation and attachment.

With the aforesaid observations, the revisional application being CRR 882 of 2024 is disposed of. Pending connected application, if any, is consequently disposed of.

All concerned 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 with all requisite formalities.

(Tirthankar Ghosh, J.)