Sujay Chandra v. State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE The Hon'ble JUSTICE BIBEK CHAUDHURI CRR 845 of 2023 Sujay Chandra -VsThe State of West Bengal For the petitioner:

Mr. Arunava Ganguly, Adv., For the State:

Ms. Ayantika Roy, Adv., Heard on: 4th April, 2023.

Judgment on: 4th April, 2023.

BIBEK CHAUDHURI, J. : - 1.

This is an application for expeditious disposal of N.D.P.S. case no. 42 of 2020 filed by the petitioner/accused person in custody arising out of Chandannagore Police Station Case no. 65 of 2020 dated 9th August, 2020 under Section 21(c) of the Narcotics Drugs and Psychotropic Substances Act, 1984 presently pending before the Learned Additional Sessions Judge cum Judge Special Court at Hooghly. 2.

On perusal of the instant application and the materials on record, this court is of the view that the instant application can be disposed of with the assistance of the learned public prosecutor-in-charge on behalf of the State. Therefore Ms. Ayantika Roy learned advocate is requested to assist this court on behalf of the state. Appointment of Ms. Ayantika Roy

be regularized by the learned Legal Remembrancer, Government of West Bengal.

3.

It is submitted by the learned advocate for the petitioner that the petitioner was arrested on 9th August, 2020 and since then he is in custody. After completion of investigation chargesheet was submitted on 2nd February, 2021 and charge was framed on 17th December, 2021 under Section 21(c) of the NDPS Act fixing 3rd March, 2022 for SDT and production of accused. The Learned trial Court fixed 25th July, 2022 to 27th July, 2022 for evidence. No witness has been examined till date and next date was fixed on 15th March, 2023 to 17th March, 2023 for evidence. 4.

It is further submitted by the learned Advocate for the petitioner that the prosecution is not at all serious for speedy disposal of the case. Therefore, necessary direction may be issued upon the court below for expeditious disposal.

5.

It is needless to say that in respect of "Case Flow Management", the High Court has issued a notification bearing No.4680 G dated 6th December, 2006. In the said notification NDPS case is listed as Track 1 case and trial court is directed to dispose of NDPS case within nine months from the date of submission of charge-sheet. The learned trial judge failed to take recourse of speedy disposal of the case and thereby violated the High Court notification No.4680 G dated 6th December, 2006. 6.

In view of such circumstances, the trial court is directed to positively conclude examination of witnesses within six months from the

date of communication of this order and deliver judgment within one month thereafter.

7.

The instant criminal revision is disposed of with the above order on contest.

(Bibek Chaudhuri, J.)