Sagar Mahanta And ANR v. State Of West Bengal
18.08.2021 Ct No. 35 D/L 96 ab C.R.R. 1574 of 2021 (Via Video Conference) Re: An application under Section 483 of the Code of Criminal Procedure, 1973.
In re : Sagar Mahanta & Anr.
... Petitioners Mr. Kaushik Choudhury, Ms. B. Khatun, ... for the petitioners This is an application for expeditious disposal of the trial in connection with Balurghat Police Station Case No. 455 of 2019 dated 08.09.2019 under Sections 21(C)/22(C)/23(C)/25/27A/ 28/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, pending before the learned Additional Sessions Judge Cum Special Court under the NDPS Act, 3rd Court, Dakshin Dinajpur at Balurghat.
It has been submitted by the learned advocate for the petitioners, that though an order was passed by this Court on December 17, 2020, in connection with a bail application being C.R.M. 9819 of 2020 filed by the petitioners to expedite the trial and conclude the same at an early date, preferably within one year from the next date for recording evidence without granting unnecessary adjournments to either of the parties, the hearing of the case has not progressed.
It has further been submitted by the learned advocate for the petitioners that out of fourteen witnesses, none has been examined so far, though several dates were fixed for taking evidence.
Mr. Rana Mukherjee, learned advocate has been requested to appear in this matter on behalf of the State. Let the appointment of Mr. Mukherjee be regularised. A copy of the revisional application has been served upon him.
It is not expected from the learned Judge in the Court below to proceed with the trial in this pandemic situation at a normal pace.
However, keeping in mind the innocuous nature of the prayer, this revisional application is disposed of with a direction upon the learned Judge in the Court below to make an endeavour to conclude the trial expeditiously, preferably within a period of one and half years from the resumption of the normal functioning of the Court, without giving any unnecessary adjournment to the parties.
The revisional application being C.R.R. 1574 of 2021 is, thus, disposed of.
Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance with all necessary formalities.
(Kausik Chanda, J.)