Sushil Bairagi And ANR v. State Of West Bengal

NB 17.03.2021 CRR 817 of 2021 Ct. No. 32 In the matter of:- Sushil Bairagi & Anr. ...petitioners Mr. Koustav Bagchi.

...for the petitioners.

Mr. Anwar Hossain, Mr. Mirza Firoj Ahmed Begg.

...for the State.

This is an application seeking an expeditious disposal of a proceeding in which a charge sheet was submitted under Section 8 (c) read with Sections 20(b)(ii)(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act.

Let a copy of this application be served upon Mr. Anwar Hossain and Mr. Mirza Firoj Ahmed Begg, learned Counsels who ordinarily appear on behalf of the State and who are present in Court today. 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. The petitioners are in custody since the date of their arrest i.e. 21.09.2017. Although the FIR was lodged in 2017 and charges were framed on 02.10.2018, till date the proceeding could not be concluded. Out of eleven witnesses as mentioned in the charge sheet, only six have been examined. The matter has remained pending for no fault on the part of the present petitioners. Learned Counsel appearing on behalf of the State submits that in the interest of justice, the impugned proceeding should be expedited. 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 an inordinate delay was occasioned in concluding the proceeding, especially considering the fact that the petitioners are in custody since 21.09.2017.

In view of the above and in the interest of justice, I request the learned Trial Court to conclude the proceeding as expeditiously as possible without granting any unnecessary adjournment to any of the parties, by preponing the next date fixed in July, 2021 to any date in the month of May, 2021 and thereafter, conclude the trial at the earliest, preferably within a period of six months from that date.

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.)