Tall Mondal @ Kajol Mondal v. State Of West Bengal

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

The Hon'ble Justice Bibek Chaudhuri C.R.R. 1960 of 2022 Tall Mondal @ Kajol Mondal Vs.

The State of West Bengal For the petitioner : Mr. Anirban Chakraborty For the State : Mr. Prantick Bose, Adv.

Mr. Razzak Hossain, Adv.

Heard on : 04.07.2022 Judgment On : 04.07.2022.

Bibek Chaudhuri, J.

This is an application under Section 483 of the Code of Criminal Procedure filed by the accused/petitioner, who is in custody in connection with NDPS Case No. 04 of 2018 praying for expeditious disposal of the case.

It is submitted by the learned advocate for the petitioner that the petitioner was arrested on 11th January, 2018. Police submitted charge sheet under Section 21(C) of the NDPS Act on 4th July, 2018 and the trial court framed charge against the accused on 1st August, 2019.

There are seven chargesheeted witnesses, out of them till date one witness was partly examined and cross-examination of the said witness is deferred.

Considering the averment made in the petition, this court is of the view that the instant revision can be disposed of with the assistance of Mr. Prantick Bose along with Mr. Razzak Hossain, learned advocates for the State. The petitioner is requested to serve a copy of the application to Mr. Bose at once.

This court is not unmindful to note that during covid pandemic trial of criminal case was halted for a period of about two years, but the trial court got the opportunity to examine the witnesses prior to March, 2020 and again from the month of March, 2022. Only seven witnesses are chargesheeted.

The trial of the case has not been proceeded with satisfactorily and this demonstrates a lazy and lackluster approach of the trial judge towards trial of the case. The learned trial judge must be made aware of the rule of the High Court bearing notification no.4860 dated 6th December, 2006 "Case Flow Management". In the said notification trial of the NDPS case is fixed as track (1) trial. It is directed that the trial court shall take all endeavour to dispose of NDPS case within nine months from the date of submission of chargesheet.

Considering such view of the matter, the learned trial judge is directed to conclude the trial of NDPS Case No. 04 of 2018 within four months from the date of communication of this order. Learned advocate for the petitioner is at liberty to communicate server copy of this order to the trial court for information and compliance.

The instant criminal revision, is, thus, disposed of. (Bibek Chaudhuri, J.)