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Calcutta High CourtCRR/1795/2022disposed

Dibyendu Sarkar v. State Of West Bengal

2022-07-01Hon'Ble Justice Bibek Chaudhuri3 pages

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

The Hon'ble Justice Bibek Chaudhuri C.R.R. 1795 of 2022 Dibyendu Sarkar Vs.

The State of West Bengal For the petitioner : Mr. Prabir Mazumder, Adv.

For the State : Mr. Tanmoy Kr Ghosh, Adv.

Ms. Pritha Paul, Adv.

Heard on : 01.07.2022 Judgment On : 01.07.2022.

Bibek Chaudhuri, J.

Considering the averment made in the instant criminal revision and the materials on record, this Court is of the view that the instant revision can be disposed of here and now with the assistant of the learned Public Prosecutor-in-Charge.

Mr. Tanmoy Ghosh, learned Public Prosecutor-in-Charge is requested to assist this Court. Appointment of Mr.Tanmoy Ghosh be regularized by the learned Legal Remembrancer, Government of West Bengal.

The petitioner has served copy of the revisional application. The case of the petitioner is that he was arrested on 16th March, 2021 allegedly while possessing some narcotic substances. A case under Section 21(c) of the NDPS Act was registered. Subsequently charge-sheet was filed and the learned Trial Judge framed charge against the petitioner under Section 21(c) of the NDPS Act on 24th March, 2022 fixing 8th June, 2022, 9th June, 2022 and 20th June, 2022 for recording evidence of the witnesses. However, in those days no witness on behalf of the prosecution was produced by Investigating Officer.

It is unfortunate to note that this Court is over burden with similar type of complaint mainly on the ground of inaction on the part of the police authority in producing the witnesses on behalf of the prosecution.

The instant criminal revision is disposed of directing the learned Special Judge, NDPS Act at Krishnagar to pass a strict order to the Investigating Officer directing him to produce the witnesses on the next schedule. The learned Special Judge is requested to take all endeavour to conclude examination of witnesses within six months from the date of receipt of the order.

The instant criminal revision, is, thus, disposed of.

(Bibek Chaudhuri, J.)