SRIMANTA ROY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B. D. Konwar, learned counsel for the petitioner, Mr. A. K. Bhattacharyya, learned Senior Counsel for the respondent No. 3 and Mr. P. C. Borpujari, learned counsel for the respondents 4 & 5.

(2.) None appeared for State although the case was taken up for hearing on 22.9.2003, 25.9.2003,17.5.2004 and 26.5.2004 and no affidavit was filed on behalf of the State respondents.

(3.) The facts leading to the filing of this writ petition is that the elder brother of the petitioner late Ananta Rai along with 2 persons viz; Ramani Rai and Pradip Nath were arrested by the Police on 22.10.99 in connection with Kokrajhar P. S. Case No. 251/99 under Sections 120(B)/121 (A)/122 IPC read with Section 27 Arms Act and Sections 10/13 of the Unlawful Activities (Prevention) Act. The arrested persons were produced before the Chief Judicial Magistrate, Kokrajhar and the police by a petition prayed for 10 (ten) days custody of the accused for the purpose of interrogation. The learned Chief Judicial Magistrate however, granted 5 (five) days custody. In compliance of the order of the Chief Judicial Magistrate, the 3 accused persons were brought to the Kokrajhar Police Station.