Rabi Das And ORS v. State Of West Bengal

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

The Hon'ble Justice Bibek Chaudhuri C.R.R. 2395 of 2022 Rabi Das & Ors.

Vs.

The State of West Bengal For the petitioners : Mr. Sudip Ghosh Chowdhury, Adv Mr. Avijigt Majumdar, Adv.

Mr. Argha Das, Adv.

For the State : Mr. Ranabir Roy Chowdhury, Adv.

Mr. Ashok Das, Adv.

Heard on : 31.10.2022.

Judgment On : 31.10.2022.

Bibek Chaudhuri, J.

Leave is granted to make necessary correction of Chinsurah Police Station Case number in the cause title of the instant application.

This is an application for expeditious disposal of Chinsurah Police Station Case No.231 of 2021 dated 30th May, 2021 under Sections 21(c )/29 N.D.P.S. Act read with Section 379 of the Indian Penal Code and Sections 25/27/35 of the Arms Act.

It is submitted by the learned Advocate for the petitioners that in respect of the above-mentioned case, charge-sheet was submitted before the Special Court on 23rd November, 2021. The accused persons appeared before the Trial Court to face trial. However, till date charge has not been framed.

It is also submitted by the learned Advocate for the petitioners that the Investigating Officer submitted Chemical Examination Report and filed supplementary charge-sheet. Therefore, there is no predicament to proceed with the trial of the case. But the learned Special Judge has not even fixed the date for consideration of charge as yet.

Considering the prayer made on behalf of the petitioners, this Court is of the view that the instant revision can be disposed of here and now with the assistance of the learned Public Prosecutor-inCharge. Therefore, Mr. Ranabir Roy Chowdhury is requested to assist this Court as Public Prosecutor-in-Charge.

The learned Advocate for the petitioner has already served a copy of the instant application.

Appointment of Mr. Roy Chowdhury be regularized by the learned Legal Remembrancer, Government of West Bengal.

Having heard the learned Counsels for the petitioners and the State, I have duly considered the fact that NDPS Case No.16/2021 pending before the Additional Sessions Judge Cum Judge Special Court, (NDPS), Hooghly is at present ready for trial and disposal. Under such circumstance, the learned Trial Judge is requested to hear out the matter on the question of consideration of charge on the next date fixed, if the accused persons/petitioners are produced before the Trial Court.

The learned Trial Judge shall then fix a specific schedule for examination of the witnesses as per the charge-sheet so that the case may be disposed of expeditiously.

Accordingly, CRR 2395 of 2022 is, thus, disposed of. (Bibek Chaudhuri, J.) Item No.6.

Mithun. A.R.(Ct.)