Nur Nabi Mondal @ Nur Nobi Mondal v. State Of West Bengal
IN THE HIGH COURT AT CALCUTTA
CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE The Hon'ble JUSTICE BIBEK CHAUDHURI CRR 2099 of 2022 Nur Nabi Mondal @ Nur Nobi Mondal -VsThe State of West Bengal For the petitioner:
Mr. Satadru Lahiri, Adv., Mr. Safdur Azar, Adv.
For the State:- Mr. Anand Kesari, Adv., Heard on: 13th July, 2022.
Judgment on: 13th July, 2022.
BIBEK CHAUDHURI, J. : - 1.
The petitioner is the accused of case No. N-162 of 2019 arising out of Basirhat Police Station Case No.1141 of 2019 dated 22.10.2019 under Section 21(c) of Narcotic Drugs and Psychotropic Substances Act 1985 (hereinafter described as the said Act) pending before the Additional Sessions Judge, 6th Court at Barasat.
2.
The petitioner has filed the instant revision praying for expeditious disposal of the abovenumbered NDPS Case instituted against him. 3.
On perusal of the application under Section 482 of the Cr.P.C and considering the prayer made by the petitioner, this Court is of the view
that the revisional application can be disposed of here and now in presence of the learned Advocate for the state. 4.
Mr. Saryati Dutta, learned P.P-in-Charge is requested to represent the State of West Bengal in the instant case. Copy of the revisional application is served upon the learned P.P-in-Charge. 5.
The Legal Remembrancer, Government of West Bengal is requested to regularize the appointment of Mr. Anand Kesari. 6.
It is submitted by the learned Advocate for the petitioner that the petitioner was arrested in connection with the aforementioned case on 22nd October, 2019. After filing of the charge-sheet the trial court framed charge against the petitioner under Section 21(C) of the NDPS Act on 15th September, 2021. Subsequently, date is fixed for examination of the witnesses on 21st January, 2022. No witness was however produced by the prosecution. Subsequently on 6th April, 2022 prosecution failed to produce any witness. Next dates of evidence are fixed on 18th July, 2022, 19th July, 2022 and 20th July, 2022.
7.
It is further submitted by the learned Advocate for the petitioner that the prosecution is not at all serious for speedy disposal of the case. Therefore, necessary direction may be issued upon the court below for expeditious disposal.
8.
It is needless to say that for speedy disposal of criminal cases the High Court has issued a notification under the heading "Case Flow Management" bearing No.4860 dated 6th December, 2006. In the said notification, NDPS case is listed as Track I case and trial court is directed
to dispose of NDPS case within nine months from the date of submission of charge-sheet. The learned trial judge failed to take recourse of speedy disposal of the case and thereby violated the High Court notification No.4860 dated 6th December, 2006.
9.
In view of such circumstances, the trial court is directed to positively conclude examination of witnesses by December, 2022 and dispose of the case by January, 2023.
10.
The instant criminal revision is thus disposed of with the above direction.
11.
The learned Advocate for the petitioner is at liberty to communicate this order to the trial court and the trial court is directed to act upon the server copy of the order.
(Bibek Chaudhuri, J.)