Joydeb Das v. State Of West Bengal And ANR

Form J(1) IN THE HIGH COURT AT CALCUTTA Criminal Revisional Jurisdiction Appellate Side Present :

The Hon'ble Justice Bibek Chaudhuri CRR 1401 of 2022 Joydeb Das Vs.

The State of West Bengal and Anr.

Mr. Sabyasachi Mukherjee Mr. Bibek Dey Mr. Mukesh Khanna Ms. Anamika Chatterjee ..for the petitioner Mr. Imran Ali Ms. Debjani Sahu ..for the State Item No. 84.

Heard & Judgment on:

18.01.2023 Bibek Chaudhuri, J.

This is an application for a direction upon the trial Court for expeditious disposal of NDPS Case No.101 of 2019 equivalent to Sessions Trial No.08 (01) of 2022 under Section 20(b)(ii)(c) /

29 of Narcotic Drugs and Psychotropic Substances Act, 1985 pending before the learned Additional Sessions Judge, 4th Courtcum-Special Court under the NDPS Act at Alipore. It is submitted on behalf of the petitioner that the petitioner was arrested on 27th November, 2019 on the allegation that he was in possession of narcotic substances above commercial quantity. The police submitted charge sheet in the said case on 6th March, 2020. Thereafter, the trial of the case commenced. Till date out of 19 charge sheeted witnesses the trial Court only examined three witnesses. Remaining 16 witnesses are yet to be examined. Previously the accused filed a revisional application on same prayer which was registered as CRR No.1560 of 2021.

A Co-ordinate Bench of this Court passed an order dated 23rd December, 2021 directing the trial Court to proceed with the trial of the case and come to its logical conclusion within a reasonable period of time. Unfortunately enough, no substantial progress has been made even after the above direction made by the Co-ordinate Bench in CRR 1560 of 2021.

come to a logical conclusion of this case within one month thereafter. It is made clear that the above direction is peremptory and if the learned trial Court fails to comply with the said order, it will be open for the petitioner to take necessary steps in accordance with law.

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

The petitioner is at liberty to act on the server copy of this order.

(Bibek Chaudhuri, J.)