← Library
Calcutta High CourtCRR/293/2023disposed

Abdul Alim Sardar And Another v. State Of West Bengal

2023-03-29Hon'Ble Justice Bibek Chaudhuri2 pages

Form J(1) IN THE HIGH COURT AT CALCUTTA Criminal Revisional Jurisdiction Appellate Side Present :

The Hon'ble Justice Bibek Chaudhuri CRR 293 of 2023 Abdul Alim Sardar &Anr.

Vs.

The State of West Bengal For the petitioners :

Ms. Priyanka Das,, Ms. Malashree Ghosh.

Judgement on :

29.03.2023.

Bibek Chaudhuri, J.

This is a second round of litigation at the instance of the petitioners with a prayer for expeditious disposal of a case under NDPS Act being Case No. 678/2021 pending before the learned Additional Sessions Judge, 6th Court and Special Judge (NDPS), Barasat. It appears from the record that the petitioners were arrested on 16th September, 2021. Subsequently, charge-sheet was submitted against the petitioners on 12th November, 2021.

Supplementary charge-sheet was filed on 26th June, 2022. The learned Trial Judge framed charge against the accused on 16th July, 2022. Thereafter series of dates were fixed and out of ten chargesheeted witnesses till date only one witness has been examined. The matter was previously brought to the notice of this Court by another accused filing CRR/1411/2022. The said revisional application was

disposed of on 25th November, 2022. In the said revision a Coordinate Bench was pleased to formulate a scheme which was required to be followed by the learned Trial Judge to conclude the hearing of the case. However, the learned Trial Judge did not care to follow the direction of this Court.

Under such circumstances, it is specifically directed that the learned Trial Judge shall conclude recording evidence of remaining nine witnesses within six months from the date of communication of this order. On conclusion of recording evidence on behalf of the prosecution the accused will be examined under Section 313 of the Code of Criminal Procedure and the learned Trial Judge shall come to the logical conclusion of the case within one month thereafter. With the above direction, the instant revision is disposed of. (Bibek Chaudhuri, J.) Srimanta, A.R.(Ct.) Item No. 172.