Dhiraj Mishra v. State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE The Hon'ble JUSTICE BIBEK CHAUDHURI CRR 55 of 2023 Dhiraj Mishra -VsThe State of West Bengal For the petitioner:

Mr. Arunava Ganguly, Adv For the State:

Mrs. Arani Bhattacharjee, Adv., Heard on: 17th January, 2023.

Judgment on: 17th January, 2023.

BIBEK CHAUDHURI, J. : - 1.

This is an application for expeditious disposal of N case no. 10 of 2019 filed by the petitioner/accused person in custody arising out of Uttarpara Police Station Case no. 300 of 2019 dated 18th June, 2019 under Section 20(b) of the Narcotics Drugs and Psychotropic Substances Act, 1984 presently pending before the Learned Additional Sessions Judge cum Judge Special Court, Chinsurah, Hooghly.

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 Mrs. Arani Bhattacharjee learned advocate is

requested to assist this court on behalf of the state. Appointment of Mrs. Arani Bhattacharjee 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 18th June, 2019 on the allegation of committing offence under Section 20(b) of the Narcotics Drugs and Psychotropic Substances Act, 1984. Since then, he is in custody. After completion of investigation Chargesheet was submitted on 12th December, 2019 and charge was framed on 11th December, 2020 under section 20(b)(ii)(c) of the NDPS Act after several adjournments. On several occasions adjournments are given but not a single witness has been examined till date. The next date has been fixed on 13th, 16th and 18th January, 2023 for production and evidence.

4.

It is further submitted by the learned Advocate 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 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 thus disposed of with the above direction 8.

The learned Advocate for the petitioner is at liberty to communicate this order to the trial court and the trial court is directed to act upon the server copy of the order.

(Bibek Chaudhuri, J.)