9911796707
TMI Blog2001 (1) TMI 967X X X X Extracts X X X X X X X X Extracts X X X X ..... ct, 1985 [hereinafter referred to as the Act] and thereby committed an offence punishable under Section 20(b) and Section 21 read with Section 29 of the Act within the cognizance of the Special Judge at Balasore. The gist of the case is that a Special Case No.. 63 of 1998 was filed in which one Md. Diwan was apprehended by Subrat Kumar Behera, SI of Police and from his possession, as is alleged, 500 gms of ganja was seized for which this Special Case No. 63 of 1998 was instituted and the trial therein was going on in the Court of Special Judge, Balasore. It is alleged that Md. Diwan disclosed before the arresting authority that he works for Azad Parvez who does the business of contraband articles and he knows the place where Azad Parvez ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e order of the Special Judge, Balasore made on 24.3.1999 splitting the case into two cases. It is also brought to the notice of the court that Azad Parvez is facing trial in TR 8 of 1998 before the IIIrd Additional District Judge, Howrah and was lodged in the Howrah jail. The Special Judge, Balasore requested the IIIrd Additional District Judge, Howrah to make available the accused Azad Parvez to Balasore for purposes of trial in the present case. However, the IIIrd Additional District Judge, Howrah declined to do so on account of difficulty in securing him back in his court. The said Azad Parvez is also facing another trial in the Special Court at Alipore in Special Case No. 4/NCB/Cal/99 and in Special Court at Berhampore, Murshidabad in G ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nced with the interest of the society. In cases where narcotic drugs and psychotropic substances are involved, the accused would indulge in activities which are lethal to the society. Therefore, it would certainly be in the interest of the society to keep such persons behind bars during the pendency of the proceedings before the Court, and the validity of Section 37(1)(b) having been upheld, we cannot take any other view. However, attempts should be made by the State Governments of Orissa and West Bengal to see that the trial in the cases pending before them are facilitated by making appropriate arrangement to have all the accused persons in one place for purposes of trial and details should be worked out and shall be examined by the High ..... X X X X Extracts X X X X X X X X Extracts X X X X
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