Amirul Mondal v. State Of West Bengal

rkd 15.01.2021 Ct. no.42 C.R.R. 85 of 2021 (Through Video Conference) In the matter of: Amirul Mondal ....petitioner.

Mr. Angshuman Chakraborty, Mr. S. S. Saha ...for the petitioner.

Mr. Saswata Gopal Mukherjee, P.P., Mr. A. Hossain, Ms. S. Biswas ...for the State.

The Court is called upon to pass a direction under Section 482 Cr.P.C. for expeditious disposal of a pending case No. N 66/2019 of Learned Additional District and Sessions Judge, 6th Court, Barasat, North 24 Parganas (Special Court) under NDPS Act.

Mr. Chakraborty, learned advocate representing the petitioner submits that the accused is in custody since 26th March, 2019 for the alleged recovery of 5.5 litres of codeine mixture. The charge has been framed on 21st December, 2020 and next date thereafter has been fixed on 6th February, 2021, but being highly apprehensive of a fact that the date so scheduled, may not be effectively utilized by collecting evidence, a direction thus, has been sought to be obtained from this Court.

Ms. Biswas, learned advocate representing the State submits that even in the midst of pandemic the court below has already framed charge in last December, 2020 and next date has been fixed on 6th February, 2021.

There is nothing suggestive of a fact that the date scheduled for collection of evidence is going to be frustrated. According to learned advocate for the State there cannot be any blanket direction for expeditious disposal putting the court below holding the trial under pressure even in pandemic. The court cannot be oblivious of a fact that the impact of Covid-19 has disturbed the ordinary function of the court to a large extent. The direction sought for appears to be without any materials suggestive of apprehension of the petitioner of becoming denied of expeditious disposal of the pending case.

However, the instant revisional application be disposed of by directing the court below to make effective utilisation of the dates so as to ensure expeditious disposal taking sincerest support and co-operation from the learned Public Prosecutor conducting the trial without granting any adjournment, unless it is extremely unavoidable.

With the aforesaid direction the revisional application is disposed of.

(Subhasis Dasgupta, J.)