- (1.) The Additional Government Advocate, Ministry of Law and Justice, Department of Legal Affairs, Branch Secretariat, Kolkata is personally present in Court. He prays for filing a reply to the affidavit filed by the Zonal Director, Eastern Zonal Unit, N.C.B. Prayer is allowed.
(2.) Mr. Chatterjee, learned Counsel appearing for the N.C.B. is directed to serve a copy of the said affidavit upon MR. S. S. Sarkar, the Additional Government Advocate, Ministry of Law and Justice, Department of Legal Affairs, Branch Secretariat, Kolkata. Let the hearing of this case be adjourned till 30.01.2012. In the meantime, reply if any, be filed.
(3.) Personal appearance of Mr. S. S. Sarkar, the Additional Government Advocate, Ministry of Law and Justice, Department of Legal Affairs, Branch Secretariat, Kolkata is dispensed with. Now coming to the question of bail, we find while this petitioner is in custody in connection with another case relating to the offences punishable under Sections 21 (c) and 29 of the N.D.P.S. Act which has already ended in his acquittal, he on being shown arrested was taken into custody in connection with this case on September 21, 2002. The trial of this case has already commenced on and from August 9, 2010 after charge being framed against him. However, uptil now only one witness has been examined in full while another in part out of total 16 witnesses. It appears from the materials-on-record the trial was adjourned on various occasions because the prosecuting agency has failed to produce its witnesses.;