Koushik Wadder @ Bappa v. State Of West Bengal

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

The Hon'ble Justice Bibek Chaudhuri C.R.R. 475 of 2023 Koushik Wadder @ Bappa Vs.

The State of West Bengal For the petitioner : Mr. Arunava Ganguly, Adv.

For the State : Mr. Manoranjan Mahata, Adv. Heard on : 10.04.2023.

Judgment On : 10.04.2023.

Bibek Chaudhuri, J.

This is an application for a direction upon the Trial Court for expeditious hearing of NDPS Case No.16 of 2020 pending before the learned Additional Sessions Judge-cum-Judge, Special Court at Hooghly.

It is submitted on behalf of the petitioner that the petitioner was arrested while possessing narcotic substances more than commercial quantity on 6th March, 2020. Thereafter, police submitted charge-sheet on 26th August, 2020 and charge was framed by the learned Trial Court on 18th February, 2021.

Learned Advocate for the petitioner submits that out of 23 witnesses, only 3 witnesses have been examined by the Trial Court till

date. Therefore, the learned Trial Judge may be directed to take step for expeditious disposal of the above-mentioned NDPS case. This Court is of the view that the instant revision can be disposed of with the assistance of the learned Public Prosecutor-in-Charge. Therefore, Mr. Manoranjan Mahata is requested to assist this Court on behalf of the State of West Bengal. Appointment of Mr. Mahata be regularized by the learned Legal Remembrancer, Government of West Bengal. I have perused the certified copy of the order-sheet appended with the instant revision.

This Court does not know that if Trial Court takes more than one year to examine three witnesses when the remaining twenty witnesses will be examined. The Trial Court must take proactive step for examination of the rest witnesses on behalf of the prosecution. However, it is found that orders of adjournment are passed mechanically without insisting upon the learned Special Public Prosecutor to produce the witnesses as per the charge-sheet. Therefore, the instant revision is disposed of directing the learned Trial Judge to expedite the hearing of NDPS Case No.16 of 2020 at an early date without hampering his daily diary. The instant revision is, accordingly, disposed of. The petitioner is at liberty to act on the server copy of the order.

(Bibek Chaudhuri, J.) Mithun De/ A.R. (Ct).

Sl No.91.

D/L.