Rahul Basak & ANR v. State Of West Bengal

CRR 705 of 2020 g.b.

05.01.2021 Court No.42 Rahul Basak & Anr.

Vs.

The State of West Bengal In Re: An Application under Section 482 of the Code of Criminal Procedure, 1973 in connection with Santipur Police Station Case No.576/2018 dated 17.12.2018 under Sections 21© of the N.D.P.S. Act, 1985 pending before the learned Judge, Special Court N.D.P.S. Act at Krishnagar, Nadia, Vide N. D. P. S. case No.273/2018.

Mr. Sumanta Das ........For the Petitioners Mr. S. G. Mukherjee, Ld. P. P.

Mr. Arijit Ganguly ......For the State The learned advocate for the petitioners submits that the petitioners were arrested on 17.12.2018 and charge sheet was submitted on 14.06.2019, according to him the charge sheet reflects that the prosecution relied upon ten witnesses and although charge was framed on December, 2019, till date no witness has been examined by the prosecution. Having regard to the fact that the petitioner is in custody for more than two years and the next date is fixed in the month of February, 2021, I direct the learned trial court to take steps by fixing regular schedule at least once in a month so that the trial of the case can be taken to its logical conclusion within a reasonable period of time. The learned trial court would also direct its office to communicate with the Public Prosecutor conducting the case who will give assurance regarding the availability of the witnesses and thereafter dates would be fixed

by the court.

No unnecessary adjournment should be granted to either of the parties and in case any witness is absent without a reasonable cause, the learned trial court would be at liberty to exhaust harsher process of law.

With the aforesaid observations CRR 705 of 2020 is disposed of.

(Tirthankar Ghosh, J.)