Subhas Roy @ Natto v. State Of West Bengal

19.06.2023

IN THE HIGH COURT AT CALCUTTA

Item No.62 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 975 of 2023 In the matter of : Subhas Roy @ Natto ... Petitioner.

Mr. Kamalesh Chandra Saha ... For the Petitioner.

Mr. S. G. Mukherjee, Ld. P.P., Mr. Pravas Bhattacharya ... For the State.

Learned advocate appearing for the petitioner is directed to serve a copy of this revisional application upon Mr. Pravas Bhattacharya, learned advocate, who ordinarily appears for the State. His appointment may be regularised by the concerned authorities.

Learned advocate appearing for the petitioner submits that the petitioner is in custody since November 2021 i.e. 18 months. Charge-sheet has already been submitted. Charge has been framed and out of 13 witnesses so proposed to be relied by the prosecution, till date only one witness has been examined. Learned advocate for the petitioner further submits that the next date is fixed on 23.06.2023. In view of the series of facts presented by the learned advocate for the petitioner and the anxiety expressed, I am of the opinion that the same is justified. The learned special court is immediately directed to communicate with the Superintendent of Police, North 24-Parganas whose office is duty bound to maintain a register regarding the progress of the NDPS cases. Learned special court would send notices to the Superintendent of Police for organizing all the departmental witnesses to be present on the date so fixed. No

adjournment should be granted to either of the parties. On the date so fixed, if any of the witness is not present, it would be the duty of the office of the Superintendent of Police to answer regarding the absence of the witness.

The learned public prosecutor conducting the case would make available the materials, exhibits and documents required for the particular witness who is being examined. The learned trial court should fix at least a schedule consisting of three dates fixing such schedule once in every 45 days considering the fact that almost 18 months the petitioner is in custody and only one witness has been examined. It is further directed that all the stakeholders would cooperate with the learned trial court for taking the trial of the case to its logical conclusion within a reasonable period of time.

With the aforesaid observations, the revisional application being CRR 975 of 2023 is disposed of. Pending connected application, if any, is consequently disposed of.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)