Soumen Adhikary v. State Of West Bengal

25.07.2023 SL.53 Ct no.34 Saswata CRR 487 of 2023 In Re:- An application under Section 482 of the Cr.P.C. In the matter of : Soumen Adhikary ... petitioner Mr. Md. Younus Mondal ...For the petitioner Mr. Tanmay Kr. Ghosh Mr. Santanu Deb Roy Ms. Sujata Das ...For the State

1. The petitioner is directed to serve a copy of the revisional application upon Mr. Tanmoy Kr. Ghosh, learned advocate who ordinarily appears for the State. His appointment may be regularized by the concerned authorities.

2. Learned advocate for the petitioner submits that the petitioner was arrested on or about 25th January 2022 and since then, he is in custody. Charge was framed by the Learned Special Court on 2nd September 2022 and dates have been fixed for evidence.

3. The grievance of the petitioner is that out of 7 witnesses so proposed to be examined, only 1 witness till date has been examined and the petitioner continues to be in custody for about 18 months.

4. Having regard to the anxiety expressed by the petitioner, I am of the opinion that the same is justified. The learned Trial Court would fix a schedule of three dates and such schedule be fixed once in every two months so that the trial of the case can be taken to its logical conclusion within a reasonable period of time. No unnecessary adjournments

should be granted to either of the parties and in case any witness is reluctant and belongs to the Government department, the learned Trial Court shall issue directions to the Superintendent of Police of the concerned district or the Commissioner of Police of the concerned Commissionerate, who are taking steps to maintain register for progress of NDPS case.

5. Public Prosecutor conducting the case shall produce the material documents.

6. All the stake holders would cooperate with the learned Trial Court for concluding the trial at the earliest.

7. With the above observations, the revisional application being CRR 487 of 2023 is accordingly disposed of.

8. Pending application, if any, is also disposed of.

9. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court at Calcutta.

(Tirthankar Ghosh, J.)