Mahasen Sardar@Mohsin Sardar & ANR v. State Of West Bengal
23.12.2020
IN THE HIGH COURT AT CALCUTTA
Item No.6 CRIMINAL REVISIONAL JURISDICTION Ct.No.42 dc.
C.R.R. 865 of 2020 Mahasen Sardar alias Mohsin Sardar & Anr.
versus The State of West Bengal Mr. S. S. Saha ... For the Petitioners.
Md. Anwar Hossain, Ms. Sreyashee Biswas ... For the State.
The petitioners are aggrieved by the progress of NDPS Case No. 119/18 arising out of Bhangore P.S. Case No. 409/2018 dated 19.12.2018.
The learned advocate for the petitioners submits that the petitioners were arrested on 19.12.2018 and the investigating agency, on completion of investigation, submitted charge-sheet on 29.04.2019. The learned advocate further submits that charge has been framed on 09.07.2019 and till date, only two witnesses have been examined out of 11 witnesses so relied upon by the prosecution to prove its case.
The learned advocate for the petitioners is directed to serve a copy of the application upon Mr. Anwar Hossain, learned advocate who ordinarily appears for the State. In view of the slow progress of the case, I am of the opinion that the learned Special Court should take steps for expediting the process of trial. The learned court below, to that extent, would take steps to communicate with the learned public prosecutor concerned for getting an assurance
regarding the availability of the witnesses and on such assurance, the learned court below would fix dates. No unnecessary adjournment should be granted to either of the parties and in case, any of the witnesses is absent without any reasonable cause on the date so fixed, the learned court below would be at liberty to exhaust harsher process of law. No time schedule is fixed for the present, but the learned court below would take efforts so that a schedule is fixed on each and every month so that the trial of the case can be taken to its logical conclusion within a reasonable period of time.
With the aforesaid observations, CRR 865 of 2020 is disposed of.
Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance with the necessary formalities.
(Tirthankar Ghosh, J.)