Amaresh Ghosh @ Kalu v. State Of West Bengal

04.03.2024 Serial no. 3 [G.S.D] CRR 734 of 2024 In the matter of : Amaresh Ghosh @ Kalu ... ... Petitioner Mr. Amitabha Karmakar Mr. A. K. Bhowmick ... for the petitioner Ms. Puspita Saha ... for the State Ld. Advocate appearing for the petitioner submits that the petitioner is in custody for a considerable period of time and after framing of charge, the ld. Special Court has fixed date for evidence.

However, none of the witnesses are appearing and, as such, on the last occasion i.e. 15.1.2024, the ld. Special Court resorted to harsher process of law.

The ld. Special Court is directed to inform the Superintendent of Police, Malda, who is supposed to maintain a register regarding the progress of the NDPS case. The Superintendent of Police, Malda would ensure that on regular dates witnesses are available and, in case, there is any reason which are beyond the control of a witness, a report must be placed with the court of ld. Special Judge, 4th Court, Malda in seisin of NDPS Case No. 58 of 2023.

The ld. Special Court would, henceforth, fix a schedule once in every two months consisting of three dates and take steps to conclude the trial at the earliest. No unnecessary adjournment be granted to any of the parties. Ld. Public Prosecutor conducting the case would produce the exhibits, materials and documents on the date so fixed for examination of the witnesses concerned. All stakeholders would cooperate with the ld. Trial court to conclude the trial at the earliest.

With the aforesaid observations, CRR 734 of 2024 is disposed of.

Pending application, if any, is also disposed of. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)