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Calcutta High CourtCRR/321/2021disposed

Binod Tewari v. State Of West Bengal

2021-02-08Hon'Ble Justice Jay Sengupta2 pages

Form No. J(2)

IN THE HIGH COURT AT CALCUTTA

Criminal Appellate Jurisdiction Appellate Side

Present:

The Hon'ble Justice Jay Sengupta CRR 321 of 2021 BINOD TEWARI VS STATE OF WEST BENGAL For the Petitioner :

Mr. S. G. Chowdhury For the State :

Mr. Imran Ali Md. Kutubuddin Heard on:

: 8th February 2021 Judgment on :

: 8th February 2021 The Court:

This is an application seeking expeditious disposal of a proceeding in which charge sheet was submitted under section 21 ( c ) of the NDPS Act. Mr. Imran Ali, learned counsel and Md. Kutubuddin, 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 application is served upon them in Court.

Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is an accused in this case. Although the petitioner is in custody since his date of arrest i.e., 06.08.2019, till date the proceeding has not been concluded. Although the charges were framed, not a single witness

has been examined as yet out of eight prosecution witnesses as mentioned in the charge sheet. On a number of occasions, the petitioner was not produced from custody. The impugned proceeding has remained pending for no fault of the petitioner.

I have heard the submissions of the learned counsels appearing on behalf of the petitioner and the State and have perused the revision petition. No prejudice would be caused to any one if a direction is passed for an expeditious disposal of the proceeding.

It appears that some delay has been occasioned in concluding the impugned proceeding, especially considering the fact that the petitioner is in custody since August 2019.

In view of the above and in the interest of justice, I request the learned trial court to conclude the proceeding as expeditiously as possible without granting any unnecessary adjournment to any of the parties, preferably within a period of one year from the next date of hearing. With these observations, the revisional application is disposed of. Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.

(Jay Sengupta,J.) SB