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Calcutta High CourtCRR/857/2022disposed

Habibur Mollah @ Habibur Rahaman Mollah v. State Of West Bengal

2022-03-23Hon'Ble Justice Jay Sengupta2 pages

23.03.2022 SB Ct. No.39 CRR 857 of 2022 In the matter of : Habibur Mollah @ Habibur Rahaman Mr. Gourab Kumar Nath ... for the Petitioner This is an application seeking an expeditious disposal of a proceeding in which a charge sheet was submitted under section 21 (C) of the N.D.P.S. Act.

Let a copy of the revisional application be served upon Mr. Arijit Ganguly with Mr. Pratick Bose, learned counsels, who ordinarily appear on behalf of the State. They are requested to appear in this matter. 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 17.06.2019. A charge sheet was submitted in 2019 and a supplementary charge sheet was submitted in 2021. The prosecution intends to examine seven witnesses. On 05.01.2021 a charge was framed. Yet, till date not a single witness could be examined. The impugned proceeding has remained pending for no fault on the part of the petitioner. Learned counsel appearing on behalf of the State submits that State would not come in the way if a direction is passed for an expeditious disposal of the proceeding.

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

It appears that an inordinate delay has been occasioned in concluding the trial, especially considering the fact that the petitioner is languishing in custody since 17.06.2019.

In view of the above and in the interest of justice, the learned Trial Court is requested to conclude the trial as expeditiously as possible without granting any unnecessary adjournment to any of the parties, preferably within ten months from next date of hearing With these observations, the revisional application is disposed of. Urgent photostat certified copy of this order, if applied for, be given to the parties, upon completion of requisite formalities. (Jay Sengupta, J.)