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Calcutta High CourtCRR/87/2021disposed

Paltu Roy @ Poltu Roy v. State Of West Bengal

2021-01-20Hon'Ble Justice Subhasis Dasgupta2 pages

20.01.2021 Sl. No.25 Court No.42 BM CRR 87 of 2021 Paltu Roy @ Poltu Roy -Vs.- The State of West Bengal.

Mr. Ayan Bhattacharjee Mr. Shareque Haque Mr. Aditya Ratan Tiwary Mr. Amitabrata Hait ...for the petitioner Mr. S. G. Mukherjee, Learned PP Mr. Md. Anwar Hossain Ms. Sreyashee Biswas ... for the State The Court is called upon to address a prayer so as to obtain a direction for expeditious disposal of a pending NDPS case vide NDPS Case No.8 of 2019 now pending before the learned Additional Sessions Judge, 6th Court, Barasat, North 24 Parganas.

Mr. Ayan Bhattacharjee taking assistance of Mr. Amitabrata Hait submits that the petitioner is in custody for more than 750 days, for the alleged recovery of commercial quantity of contraband, and till date there has been no commencement of the trial.

Mr. Hossain, representing State submits that the case has already ended in charge sheet citing as many as eight witnesses. Charge in the instant case has already been framed and a schedule of three dates has already been fixed in the first week of February, 2021 for collection of the evidence. It is further submitted by the learned advocate for the State that due to intervention of Covid, the ordinary function of the court

has been disturbed, which may taken in view, if any direction for expeditious disposal is given in the instant case. We cannot dispute that impact of Covid-19 surfaced over the entire country which has prejudicially affected the judiciary by disturbing the ordinary function of the Court. When there has already been commencement of the trial and thereby fixing dates for collection of the evidence, the court is of the opinion that the revisional application may be disposed of, to subserve the purpose of justice, as proposed to be obtained, by passing the following direction. The learned court below is directed to make effective utilisation of the dates, so scheduled, taking sincerest cooperation from the learned Public Prosecutor, aiming at ensuring expeditious disposal, without granting unnecessary adjournment, unless it is extremely unavoidable. With this observation, the revisional application is disposed of.

(Subhasis Dasgupta, J.)