Taslima Bibi @ Taslima Begum & ANR v. State Of West Bengal

CRR 1002 of 2020 g.b.

08.01.2021 Court No.42 Taslima Bibi @ Taslima Begum & Anr.

Vs.

The State of West Bengal Re: An application under Section 482 read with Section 401 of the Code of Criminal Procedure, 1973 in connection with Swarupnagar Police Station Case No. 675/2019 dated 05.09.2019 under Section 21 (c ) of the N. D. P. S. Act, 1985 pending before the learned Additional Sessions Judge, 6th Court, Barasat, North 24 Parganas.

Ms. Sonali Das ........For the Petitioners Mr. S. G. Mukherjee, Ld. P. P.

Md. Anwar Hossain Ms. Sreyashee Biswas ......For the State A report has been submitted from the Officer-in-charge, Swarupnagar Police Station that the expert opinion report has been received on 07.01.2021 and on the same day supplementary charge sheet was filed in connection with Swarupnagar Police Station Case No. 675/2019 dated 05.09.2019.

Report so submitted be kept with the record.

The petitioners are aggrieved as they are in custody since 05.09.2019 and till date only the investigation has been completed and there has been no progress in the trial. In view of the fact that the supplementary charge sheet has been submitted on 07.01.2021, I direct the learned trial court to overcome the stage of consideration of charge on the next date so fixed or within a week thereafter. Having regard to

the fact that the petitioners are in custody for more than 15 months, I direct the learned trial court to take steps by fixing regular schedule at least once in every two months so that the trial of the case can be taken to its logical conclusion within a reasonable period of time. The learned trial court would also direct its office to communicate with the Public Prosecutor conducting the case who will give assurance regarding the availability of the witnesses and thereafter dates would be fixed by the court.

No unnecessary adjournment should be granted to either of the parties and in case any witness is absent without a reasonable cause, the learned trial court would be at liberty to exhaust harsher process of law.

The learned trial court would proceed with the case keeping in mind the spirit of Article 21 of the Constitution of India.

With the aforesaid observations CRR 1002 of 2020 is disposed of.

(Tirthankar Ghosh, J.)