Rajendra Babu, J. - (1.)Leave granted.
(2.)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 commission of an offence by (i) Azad Parvez, (ii) Batu alias Jahid Parvej, and (iii) Allauddin Saha alias Sk. Allauddin or was party with them in a criminal conspiracy to commit an offence of possessing and/or sale of cannabis ganja and manufactured drugs punishable under the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') within the cognizance of the Special Judge at Balasore.
(3.)In the said proceedings 10 accused persons are facing trial of whom one accused is now absconding. On 24-3-1999 Special Judge at Balasore split the case into two cases separating trial of absconding persons as Special Cases Nos. 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. Bail application filed by the appellant stood rejected. The Orissa High Court suo motu took cognizance 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. It is brought to our notice that Azad Parvez is facing trial in two cases NDPS Case No. 19 of 1999 on the file of the Special Judge XIIth Alipur 24, Parganas West Bengal and CR Case No.485 of 1989 before the Special Judge, Barampur West Bengal. The said Azad Parvez is not made available in spite of requests made by the Special Judge at Balasore on the ground that it would be difficult for them to get him back to their Court.