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Calcutta High CourtCRR/2265/2022disposed

Habibur Sekh @ Bachcha Khokhon v. State Of West Bengal

2022-07-06Hon'Ble Justice Bibek Chaudhuri3 pages

06.07.2022 Item No.45 Suman Ct.42 CRR 2265 of 2022 Habibur Sekh @ Bachcha Khokhon Vs.

The State of West Bengal Mr. Angshuman Chakraborty Mr. Shashanka Sekhar Saha ...for the petitioner Ms. Minoti Gomes Mr. Samrat Paul ...for the State This is an application filed by the accused of Case No. N. 57/2021 pending before the learned Additional Sessions Judge, 6th Court, Barasat, North 24 Parganas and Special Judge under the NDPS Act filed by the accused for expeditious hearing of the above mentioned case. This Court is of the view that the instant criminal revision can be disposed of here and now with the assistance of the learned advocate for the State. Accordingly, Ms. Minoti Gomes along with Mr. Samrat Paul, learned P.P.-in-charge are requested to assist this Court for the instant matter. Their appointment be regularized by the learned Legal Remembrancer, Government of West Bengal.

In connection with Nazat Police Station Case No.76 of 2021 dated 15th April, 2021 under Section 21(C) of the Narcotic Drugs and Psychotropic Substance Act, 1985 (hereafter referred to as the said Act), the petitioner was arrested on 15th April, 2021. On completion of investigation police submitted charge sheet on 9th June, 2021. On the basis of the charge sheet Special Case No.N.57 of 2021 was registered against the accused. On 2nd December, 2021 subsequently charge sheet was submitted. The trial Court framed charge against the accused on 17th December, 2021. Next date was fixed on 27th April, 2021 for examination of the witnesses but the prosecuting authority failed to produce witness on the said date. The trial Court again fixed 22nd July, 2022 for examination of the witnesses.

The instant criminal revision is disposed of directing the trial Court to take positive step for examination of at least two witnesses on 22nd July, 2022. Thereafter, the Court below will prepare a schedule for trial of the case under Section 309 of the Code of Criminal Procedure for examination of the remaining seven witnesses. With the above direction the instant revision is disposed of.

(Bibek Chaudhuri, J.)