Alibuddin Mollick And ORS v. State Of West Bengal

Sr. 39 07-01-2021 s. d.

ct, no.42 CRR 41 of 2021 Alibuddin Mollick and ors.

-versus- The State of West Bengal In the matter of : An application under Section 482 read with Section 483 of the Code of Criminal Procedure filed on 6th January, 2021 in connection with Case No. N258/2019 arising out of Swarupnagar P. S. Case No. 1099 of 2019 dated 23.12.2019 under Sections 22(C)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 pending before the learned Additional District and Sessions Judge, 6th Court, Barasat, North 24 Parganas. Mr. Angshuman Chakraborty Mr. S. S. Saha .....for the petitioners.

Mr. Bidyut Kumar Roy Ms. Rita Dutta ....for the State. The petitioners are aggrieved by the manner in which the proceedings in the learned trial court is progressing.

The learned advocate for the petitioners submits that although the petitioners were arrested on 22nd December, 2019 and after completion of investigation charge-sheet and supplementary charge-sheet have already been submitted, but till date charge has not been framed.

In view of the courts operating in a staggered manner for almost nine months, it is very difficult to assign any reason as to why the trial was delayed.

However, having regard to the fact that the next date is fixed on 6th February, 2021, the learned trial court is directed that either on the said date or within a week thereafter, the learned trial court would take steps for completing the stage of consideration of charge. If thereafter, the trial court intends to proceed with the matter, then regular schedules/dates should be fixed after getting assurance from the Public Prosecutor regarding the availability of the witnesses.

No unnecessary adjournments should be granted to either of the parties. The learned court would see that within a reasonable period of time, the steps can be taken for taking the case to its logical conclusion. With the aforesaid observations, CRR 41 of 2021 is disposed of.

Urgent Photostat certified copy of this order, if applied for, be given to the parties upon compliance of all formalities.

( Tirthankar Ghosh, J. )