Manik Singh @ Maniyal Singh v. State Of West Bengal
IN THE HIGH COURT AT CALCUTTA
CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE The Hon'ble JUSTICE BIBEK CHAUDHURI CRR 53 of 2023 Manik Singh @ Maniyal Singh -VsThe State of West Bengal For the petitioner:
Mr. Arunava Ganguly, Adv For the State:
Mr. Mainak Gupta, 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. 33 of 2020 filed by the petitioner/accused person in custody arising out of Chinsurah Police Station Case no. 181 of 2020 dated 23rd June, 2020 under Section 21(C) of the Narcotics Drugs and Psychotropic Substances Act, 1984 presently pending before the Learned Additional Sessions Judge cum Judge Special Court, (E.C.Act), 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 Mr. Mainak Gupta learned advocate is requested to
assist this court on behalf of the state. Appointment of Mr. Mainak Gupta 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 23rd June, 2020 on the allegation of committing offence under Section 21(C) of the Narcotics Drugs and Psychotropic Substances Act, 1984. Since then, he is in custody. After completion of investigation supplementary Chargesheet along with chemical report was submitted on 1st February, 2021. Charge was framed on 24th November, 2021 under section 21(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 was fixed on 2nd 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.)