Ramjan Hossain @ Ada v. State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE The Hon'ble JUSTICE BIBEK CHAUDHURI CRR 335 of 2023 Ramjan Hossain -VsThe State of West Bengal For the petitioner:

Mr. Angshuman Chakraborty, Adv., Mr. Shashanka Shekhar Saha, Adv.

For the State:

Mrs. Jonaki Saha, Adv., Heard on: 15th March, 2023.

Judgment on: 15th March, 2023.

BIBEK CHAUDHURI, J. : - 1.

This is an application for expeditious disposal of N case no. 87 of 2021 filed by the petitioner/accused person in custody arising out of Basirhat Police Station Case no. 468 of 2021 dated 11th July, 2021 under Section 21(C) of the Narcotics Drugs and Psychotropic Substances Act, 1984 presently pending before the Learned Session Judge, 6th Court, Barasat.

2.

On perusal of the instant application and the materials on record, this court is of the view that the instant application can be disposed of with the assistance of the learned public prosecutor-in-charge on behalf

of the State. Therefore Mrs. Jonaki Saha learned advocate is requested to assist this court on behalf of the state. Appointment of Mrs. Jonaki Saha be regularized by the learned Legal Remembrancer, Government of West Bengal.

3.

It is submitted by the learned advocate for the petitioner that the petitioner was arrested on 11th July, 2021 and since then, he is in custody. After completion of investigation Chargesheet was submitted on 31st July, 2021 and supplementary chargesheet with chemical report on 10th July, 2022. Thereafter, charge was framed on 15th September, 2022 under Section 21(C) of the NDPS Act with a total of 9 witnesses to be examined and fixing 19th December, 2022 to 21st December, 2022 for evidence of CSW1, CSW6 and CSW2 respectively. Out of 9 witnesses only 1 has been examined. The next date has been fixed for production and evidence on 24th March, 2023 and 27th March, 2023. 4.

It is further submitted by the learned Advocate for the petitioner that the prosecution is not at all serious for speedy disposal of the case. Therefore, necessary direction may be issued upon the court below for expeditious disposal.

5.

It is needless to say that in respect of "Case Flow Management", the High Court has issued a notification bearing No.4680 G dated 6th December, 2006. In the said notification NDPS case is listed as Track 1 case and trial court is directed to dispose of NDPS case within nine months from the date of submission of charge-sheet. The learned trial

judge failed to take recourse of speedy disposal of the case and thereby violated the High Court notification No.4680 G dated 6th December, 2006. 6.

In view of such circumstances, the trial court is directed to positively conclude examination of witnesses within six months from the date of communication of this order and deliver judgment within one month thereafter.

7.

The instant criminal revision is thus disposed of with the above direction (Bibek Chaudhuri, J.)