Tousik Ahmmed Halsona v. State Of West Bengal

C.R.R.1355 of 2023 D/L38 13.06.2023 Bpg.

In Re: An application under Section 482 of the Code of Criminal Procedure, 1973;

Tousik Ahmmed Halsona

Versus

The State of West Bengal Mr. Arnab Chatterjee, Ms. Poulami Bose.

...for the petitioner.

Mr. Saswata Gopal Mukherjee,Ld.P.P., Mr. Koushik Kundu.

...for the State.

Mr. Chatterjee, learned advocate appearing for the petitioner is directed to serve a copy of the revisional application upon Mr. Koushik Kundu, learned advocate, who ordinarily appears on behalf of the State. His appointment may be regularised by the concerned authorities.

Learned advocate appearing for the petitioner has expressed his anxiety regarding the fact that the petitioner is in custody since May, 2022 and, although charge-sheet has been submitted on November, 2022 and charge has been framed on 15th February, 2023, but in spite of five dates being fixed, no evidence could be recorded. Additionally, it has been submitted that there are 32 witnesses in this case, out of which 19 witnesses belong to the police department and there are 13 independent witnesses. Having considered the number of witnesses to be examined in this particular case, I direct that the learned trial court would fix a schedule of three dates and fix at least one schedule in

every 45 days so that the trial can be taken to its logical conclusion within a definite period of time. No unnecessary adjournment should be granted to either of the parties. If any of the police witnesses do not appear on the date so fixed, the learned special court would communicate with the Superintendent of Police of the concerned District who is maintaining a register in respect of the progress of NDPS cases. The public prosecutor conducting the case should ensure regarding the production of the materials, exhibits and documents available on the dates so fixed for examination of the witnesses. All stakeholders should co-operate with the learned trial court so that the trial is concluded at the earliest. With the aforesaid observations, CRR 1355 of 2023 is disposed of.

Pending application, if any, is consequently disposed of. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)