Santu Biswas And ANR v. State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVISIONAL JURISDICATION Before:

THE HON'BLE MR. JUSTICE JAY SENGUPTA C.R.R. 717 OF 2021 SANTU BISWAS & ANR.

VS.

THE STATE OF WEST BENGAL For the Petitioners:

Mr. Sudip Ghosh Chowdhury Mr. Argha Das Mr. Abhishek Bose For the State :

Mr. Imran Ali Mr. Pratick Bose Heard on:

11.03.2021 Judgment delivered on:

11.03.2021 JAY SENGUPTA, J:

This is an application seeking an expeditious disposal of a proceeding in which a charge-sheet was submitted under Section 20(b)(ii) (c) of the NDPS Act, 1985.

Mr. Imran Ali and Mr. Pratick Bose learned advocates who are present in Court today and who ordinarily appear on behalf of the State are requested to represent the State in this case. A copy of the petition is served upon them in Court. Their engagement may be regularised by the competent authority of the State in due course.

Learned counsel appearing on behalf of the petitioners submits as follows. The petitioners are the accused in this case. They are in custody since their date of arrest i.e., 10.11.2019. In spite of the fact that the FIR was lodged in November, 2019, till date the proceedings could not be concluded. 01.04.2021 has been fixed for framing of charge before the learned trial court. There are ten witnesses mentioned in the chargesheet. Learned counsel appearing for the State submits that the proceedings ought to be expedited in the interest of justice. I have heard the submissions of the learned counsels appearing on behalf of the petitioners and the State and have perused the revision petition.

It appears that some delay was occasioned in concluding the proceedings, especially considering the fact that the petitioners are in custody since 10.11.2019.

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 and in particular, to decide the question of framing of charge at the earliest, preferably on the next date fixed or within a fortnight therefrom. With these 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.)