Asmat Sk And ANR v. State Of West Bengal And ANR

03.02.2022 SB Ct. No. 39 CRR 67 of 2022 (via video conference) In Re : Asmat Sk. & Anr.

Mr. Jisan Iqubal Hossain ... for the petitioners Mr. Angshuman Chakraborty .... for the State This is an application seeking an expeditious disposal of a proceeding in which a charge sheet was submitted under sections 21 (c) and 29 of the N.D.P.S. Act.

Mr. Angshuman Chakraborty, learned counsel, who ordinarily appears on behalf of the State is requested to appear in this matter. His engagement may be regularised by the competent authority of the State in due course. The petitioner is directed to serve a copy of the revisional application upon him.

Learned counsel appearing on behalf of the petitioner submits as follows. The petitioners are the accused in this case and one of the petitioners is a student. They were arrested on 20.09.2019 and are in custody since then. The F.I.R. was lodged on the same day. A charge-Sheet was submitted on 13.03.2020. Nine witnesses were proposed to be examined. On 13.09.2021 charges were framed. Yet, till date not a single witness could be examined. The impugned proceeding has remained pending for no fault on the part of the petitioners.

Learned counsel appearing on behalf of the State submits that State would not come in the way if a direction is passed for an expeditious disposal of the proceeding.

I have heard the submissions of the learned counsels for the appearing for the petitioners and the State and have perused the revision petition.

It appears that an inordinate delay has been occasioned in concluding the trial, especially considering the fact that the petitioners are languishing in custody since 20.09.2019. In view of the above and in the interest of justice, the learned Trial Court is requested to conclude the trial as expeditiously as possible without granting any unnecessary adjournment to any of the parties, preferably within eight months from the resumption of normal functioning of the Court.

With these observations, the revisional application is disposed of.

Urgent photostat certified copy of this order, if applied for, be given to the parties, upon completion of requisite formalities. (Jay Sengupta, J.)