Calcutta High CourtCRR/942/2022disposed

Md Sebgatulliah Alias Jamai v. State Of West Bengal And ANR

2022-03-28Hon'Ble Justice Jay Sengupta2 pages

28.03.2022 SB Ct. No.39 CRR 942 of 2022 In the matter of : Md. Sebgatullah @ Jamai Mr. Omar Faruk Gazi ... for the Petitioner Mr. Arijit Ganguli Mr. Sanjib Kumar Dan ... for the State This is an application seeking an expeditious disposal of a proceeding in which a charge sheet was submitted under sections 21(c), 29 of the N.D.P.S. Act.

Let a copy of the revisional application be served upon Mr. Aijit Ganguly and Mr. Sanjib Kumar Dan, 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 05.08.2021, the date on which the F.I.R. was registered. A charge sheet was submitted in January 2021. Charges were framed on 09.03.2022. Although eighteen witnesses were proposed to be examined, till date not a single witness could be examined. The next date fixed on 06.06.2022. 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.

For a case that was started on 05.08.2021, charges have already been framed and a date has been fixed for examination of the witnesses. As such, it cannot be said that there is inordinate delay in concluding the proceeding. However, it is also to be kept in mind that the petitioner is in custody since 05.08.2021.

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 one year from the 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.)