Calcutta High CourtCRR/1344/2022disposed

Mahammad Gazi v. State Of West Bengal

2022-04-28Hon'Ble Justice Jay Sengupta2 pages

NB 28.04.2022 CRR 1344 of 2022 Ct. No. 39 In the matter of:- Mahammad Gazi ...petitioner Mr. Kamalesh Chandra Saha, Ms. Debjani Roy Choudhuri.

...for the petitioner.

Ms. Debjani Sahu.

....for the State.

This is an application seeking expeditious disposal of a proceeding in which a charge sheet was submitted under Section 21(c) of the NDPS Act.

Let a copy of this application be served upon Ms. Debjani Sahu, learned Counsel who ordinarily appear on behalf of the State. Let her represent the State. Her engagement may be regularised by the competent authority of the State in due course.

Learned Counsel appearing on behalf of the petitioner submits as follows. The petitioner is an accused in this case. He is in custody since 21.04.2020, the date on which the FIR was registered. A charge sheet was submitted in 2020 itself. In all, ten witnesses are proposed to be examined in this case. Charges were framed on 30.09.2021. However, till date, not a single witness could be examined. The matter has remained pending for no fault on the part of the present petitioner.

Learned Counsel appearing on behalf of the State submits that the State would not come in the way if a direction is passed to expedite the proceeding.

I have heard the submissions of the learned counsels appearing on behalf of the petitioner and the State and have perused the revision petition.

It appears that an inordinate delay has been occasioned in

concluding the trial, especially considering the fact that the petitioner is languishing in custody since 21.04.2020.

In view of the above and in the interest of justice, the learned Court is requested to conclude the trial as expeditiously as possible without granting any unnecessary adjournment to any of the parties, preferably within a period of one year from the next date of hearing. With the above 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.)