Rakibul Sardar v. State Of West Bengal

18.05.2022 SB Ct. No.39 CRR 1691 of 2022 In the matter of : Rakibul Sardar Mr. Debarshi Brahma ... for the petitioner Mr. Imran Ali Ms. Debjani Sahu ... for the State This is an application praying for expeditious disposal of a proceeding in which a charge sheet was submitted under section 21(C) of the N.D.P.S. Act.

Let a copy of the revisional application be served upon Mr. Imran Ali and Ms. Debjani Sahu, learned counsels, who ordinarily appear on behalf of the State. They are requested to appear in this matter. Their 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 in custody since 05.08.2019 the date on which F.I.R. was lodged. A charge sheet was submitted in 2019. In all, nine witnesses were proposed to be examined by the prosecution. Although charges were framed in August 2021 till date not a single witness could be examined. This is despite the fact that an earlier direction was passed by this Court for expeditious disposal of the proceeding while rejecting the prayer for bail in this case. The matter has remained pending for no fault on the part of the petitioner.

Learned counsel appearing on behalf of the State submits that State would not come in the way if a direction is passed for an expeditious disposal of the proceeding.

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

It appears that an inordinate delay was occasioned in concluding the trial, especially considering the fact that the petitioner is in custody since 05.08.2019 In view of the above and in the interest of justice, the learned Trial Court is requested to conclude the trial as expeditiously as possible without granting any unnecessary adjournment to any of the parties, preferably within nine months from the next date of hearing.

With these observations, the revisional application is disposed of.

Urgent photostat certified copy of this order, if applied for, be given to the parties, upon completion of requisite formalities. (Jay Sengupta, J.)