Rajesh Jana@Gunda v. State Of West Bengal

Form J(2) IN THE HIGH COURT AT CALCUTTA Criminal Revisional Jurisdiction Appellate Side Present :

The Hon'ble Justice Bibek Chaudhuri C.R.R. 1257 of 2022 Rajesh Jana @ Gunda Vs.

The State of West Bengal For the petitioner : Mr. Sudip Ghosh Chowdhury, Adv.

Mr. Avijit Mazumder, Adv.

For O.P. No.2 : Ms. Saswati Chatterjee, Adv.

For the State : Mr. Imran Ali, Adv.

Ms. Manisha Sharma, Adv.

Heard on : 06.07.2022 Judgment On : 06.07.2022.

Bibek Chaudhuri, J.

The instant revision is filed by the accused of NDPS Case No.36 of 2019 pending before the Special Judge-cum-Additional Sessions Judge, Hooghly. The accused was arrested on 10th October, 2019 and since then he is in incarceration. The accused wants to expeditious disposal of the case. However, the trial of the case was not initiated because of the fact that the Investigating Officer filed supplementary charge-sheet along with chemical examination report

of the contraband articles. During the pendency of the instant revision supplementary charge-sheet has been filed. It is submitted by the learned Advocate for the petitioner that after receipt of supplementary charge-sheet , the Trial Court fixed the date for framing of charge on 30th June, 2022. On that date charge was not framed and the next date is fixed on 8th August, 2022. Attention of the learned Trial Judge is brought to the notification of this Court bearing No.4860 dated 6th December, 2006 with regard to "Case Flow Management" where trial of the NDPS case is Grouped in Track-I case and it is directed that such trial shall completed within 9 months from the date of filing charge-sheet. The Trial Court is bound by such notification. I believe that the said notification shall be found in the English department of the office of the learned District Judge, Hooghly. The Trial Judge is directed to go through the notification and henceforth fix the dates of trial in all NDPS Cases following such notification.

The learned Trial Judge is directed to ensure production of accused positively on 8th August, 2022 and frame charge against him. Thereafter, he is directed to complete witness action within 4 months from the date of framing of charge.

With the above direction, the instant crimination revision is disposed of.

The petitioner is at liberty to intimate the Court below obtaining server copy of this order.

(Bibek Chaudhuri, J.)