In this case, it is, therefore, number proper for us to enter upon the merits of the case so far as the splitting of the charges are companycerned or refusal of the IInd Additional district Judge, Howrah in number releasing the main accused to enable the Trial to go on at Balasore.
Bail application filed by the appellant stood rejected.
19 of 1999 on the file of the Special Judge XII Alipur 24, Parganas West Bengal and CR Case No.
In the said proceedings 10 accused persons are facing trial of whom one accused is number absconding.
485 of 1989 before the Special Judge Barampur West Bengal.
Allauddin or was party with them in a criminal companyspiracy to companymit an offence of possessing and or sale of cannabis ganja and manufactured drugs punishable under the Narcotic Drugs Psychotropic Substances Act, 1985 hereinafter referred to as the Act within the companynizance of the Special Judge at Balasore.
64 and 64 A of 1998 and on 30.3.1999 framed charges against 6 accused persons, including the appellant for various offences under the Act.
Copies of this order shall be sent to the Chief Secretary of the Government of Orissa, Registrar of the High Court of Calcutta and Registrar of the High Court of Orissa for companypliance with directions.
On 24.3.1999 Special Judge at Balasore split the case into two cases separating trial of absconding persons as Special Cases No.
When the appellant approached this Court challenging the order setting aside the splitting of cases and refusal of bail, the matter was disposed of with the following observations However, attempts should be made by the State Government of Orissa and West Bengal to see that the trial in the cases pending before them are facilitated by making appropriate arrangements 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 Court of Orissa and the High Court of Calcutta on the administrative side and appropriate directions be given in that regard to enable expeditious disposal of the case.
The appellant in a writ petition sought for direction for expeditious disposal of the case, but the High Court merely numbericed the observations made by us and disposed of the matter without stating anything further.
The Orissa High Court suo motu took companynizance of the case on the basis of newspaper reports and by an order made on 30.7.1999 set aside the order of the Special Judge at Balasore made on 24.3.1999 splitting the case into two cases.
J U D G M E N T RAJENDRA BABU, J. Leave granted.
The appellant before us has been knocking at our doors on several occasions as the trial is stalled in a criminal case in which he is involved has been pending before the Court of Special Judge at Balasore in the State of Orissa on the allegation that on or about 27.7.1998 the appellant abetted the companymission of an offence by i Azad Parvez, ii Batu Jahid Parvej, and iii Allauddin Saha Sk.
