Baki Billa Mondal v. State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE The Hon'ble JUSTICE BIBEK CHAUDHURI CRR 44 of 2023 Baki Billa Mondal -VsThe State of West Bengal For the petitioner:

Mr. Angshuman Chakraborty, Adv., Mr. Shashanka Shekhar Saha, Adv.

For the State:

Mr. Goutam Wilson, Adv., Heard on: 15th March, 2023.

Judgment on: 15th March, 2023.

BIBEK CHAUDHURI, J. : - 1.

This is an application for expeditious disposal of N case no. 51 of 2021 filed by the petitioner/accused person in custody arising out of Bongaon Police Station Case no. 224 of 2021 dated 6th April, 2021 under Section 21(C)/29 of the Narcotics Drugs and Psychotropic Substances Act, 1984 presently pending before the Learned Additional Sessions Judge, 6th Court, Barasat.

2.

On perusal of the instant application and the materials on record, this court is of the view that the instant application can be disposed of with the assistance of the learned public prosecutor-in-charge on behalf

of the State. Therefore Mr. Goutam Wilson learned advocate is requested to assist this court on behalf of the state. Appointment of Mr. Goutam Wilson be regularized by the learned Legal Remembrancer, Government of West Bengal.

3.

It is submitted by the learned advocate for the petitioner that the petitioner was arrested on 6th April, 2021 since then, he is in custody. After completion of investigation Chargesheet was submitted on 28th September, 2021 proposing 9 witnesses to be examined. Thereafter supplementary chargesheet was submitted on 15th April, 2022 adding two more witnesses. Charge was framed on 26th August, 2022 under Section 21(C)/29 of the NDPS Act fixing 23rd November, 2022 and 24th November, 2022 for evidence. None appears on the said date and the next date was fixed on 15th February, 2023 and 16th February, 2023. 4.

It is further submitted by the learned Advocates for the petitioner that the prosecution is not at all serious for speedy disposal of the case. Therefore, necessary direction may be issued upon the court below for expeditious disposal.

5.

It is needless to say that in respect of "Case Flow Management", the High Court has issued a notification bearing No.4680 G dated 6th December, 2006. In the said notification NDPS case is listed as Track 1 case and trial court is directed to dispose of NDPS case within nine months from the date of submission of charge-sheet. The learned trial judge failed to take recourse of speedy disposal of the case and thereby violated the High Court notification No.4680 G dated 6th December, 2006.

6.

In view of such circumstances, the trial court is directed to positively conclude examination of witnesses within six months from the date of communication of this order and deliver judgment within one month thereafter.

7.

The instant criminal revision is disposed of with the above order on contest.

(Bibek Chaudhuri, J.)