Basudeb Ghosh v. State Of West Bengal

NB 21.03.2022 CRR 847 of 2022 Ct. No. 39 In the matter of:- Basudeb Ghosh ...petitioner Mr. S. Bandyopadhyay.

...for the petitioner.

Mr. Anwar Hossain, Ms. Manisha Sharma.

....for the State.

This is an application seeking an expeditious disposal of a proceeding in which a charge sheet was submitted under Section 21(c) of the NDPS Act.

Let a copy of this application be served upon Mr. Anwar Hossain and Ms. Manisha Sharma, learned Counsels who ordinarily appear on behalf of the State. Let them represent the State. Their engagement may be regularised by the competent authority of the State in due course. Learned Counsel appearing on behalf of the petitioner submits as follows. The petitioner is an accused in this case. He is in custody since 02.12.2020, the date on which the FIR was registered. A charge sheet was submitted in April, 2021. Charges were framed in August, 2021. Yet, till date the proceeding could not be concluded. Out of nine witnesses only seven witnesses have been examined in this case. The matter has remained pending for no fault on the part of the present petitioner. Learned Counsel appearing on behalf of the State submits that there is nothing to indicate that an inordinate delay has been occasioned in this case.

I have heard the submissions of the learned counsels appearing on behalf of the petitioner and the State and have perused the revision petition.

For an FIR that was lodged in December, 2020 and a charge that

was framed in August, 2021, already seven witnesses have been examined out of a total of nine witnesses.

Therefore, it could not be said that there is an inordinate delay in conducting the proceeding.

In view of the above, it does not appear that a direction need be passed upon the learned Trial Court to expedite the proceeding. However, it is expected that the learned Trial Court would conclude the proceeding as expeditiously as possible without granting any unnecessary adjournment to any of the parties. With the above 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.)