Md Amir Khan v. State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE The Hon'ble JUSTICE BIBEK CHAUDHURI CRR 1120 of 2022 Md. Amir Khan -VsThe State of West Bengal For the petitioners:

Mr. Sandip Dinda, Adv., Mr. Joy Chakraborty, Adv.

For the State:

Mr. Aniket Mitra, Adv., Heard on: 15th March, 2023.

Judgment on: 15th March, 2023.

BIBEK CHAUDHURI, J. : - 1.

This is an application for expeditious disposal of NDPS case no. 11 of 2020 filed by the petitioner/accused person in custody arising out of Special Task Force (STF) Police Station Case no. 08 of 2020 dated 11th February, 2020 under Section 22(c)/29 of the Narcotics Drugs and Psychotropic Substances Act, 1984 presently pending before the Learned Judge-1, NDPS Act, City Sessions Court, Calcutta. 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 Mr. Aniket Mitra learned advocate is requested to assist this court on behalf of the state. Appointment of Mr. Aniket Mitra 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 11th February, 2020 since then, he is in custody. After completion of investigation Chargesheet was submitted on 7th August, 2020. Charge was framed on 14th March, 2022 fixing next date for evidence on 12th May, 2022. Out of 7 witnesses only 1 witness has been examined.

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.)