Mithun Majumder@Bappa And ORS v. State Of West Bengal

19.01.2022 SB Ct. No. 39 CRR 152 of 2022 (via video conference) In Re : Mithun Majumder @ Bappa & Ors.

Mr. Sibaji Kumar Das .... For the petitioners This is an application seeking a expeditious disposal of a proceeding in which a charge sheet was submitted under Sections 20(b)(ii)(c) and 29 of the NDPS Act. Mr. Arijit Ganguly and Ms. Manisha Sharma, learned counsels who ordinarily appear on behalf of the State are requested to appear in this matter. Their engagement may be regularised by the competent authority of the State in due course. A copy of the revisional application be served upon them by the petitioners. Learned counsel appearing on behalf of the petitioners submits as follows. The petitioners are the accused in this case. The petitioner nos. 1,2 and 3 are in custody since 19.01.2021 the date on which F.I.R. was registered. The petitioner no. 4 was arrested in August, 2021. Although the charge sheet was submitted in April 2021 till date the proceeding could not be concluded. Even charges could not be framed. The matter has been remained pending for no fault on the part of the petitioners.

Learned counsels appearing on behalf of the State submit that State would not come in the way if a direction is passed to expedite 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 some delay has been occasioned in this case considering the fact that most of the petitioners are languishing in custody since January 2021.

In view of the above and in the interest of justice, the learned Trial Court is requested to conclude the proceeding as expeditiously as possible without granting any unnecessary adjournment to any of the parties and more particularly, to decide the question of framing of charges at the earliest, preferably within a period of two months from the date of 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.)