Seikh Mofijul v. State Of West Bengal

Form J(1) IN THE HIGH COURT AT CALCUTTA Criminal Revisional Jurisdiction Appellate Side Present :

The Hon'ble Justice Bibek Chaudhuri C.R.R. 2429 of 2022 Seikh Mofijul Vs.

The State of West Bengal For the petitioner : Mr. Soujanya Bandyopadhyay, Adv.

Heard on : 16.08.2022 Judgment On : 16.08.2022.

Bibek Chaudhuri, J.

This is an application praying for direction upon the Trial Court for expeditious disposal of a case under NDPS Act being N-242 of 2022 pending before the learned Judge, Special Court, NDPS-cum-6th Additional Sessions Judge at Barasat.

It is averred by the petitioner that he was arrested on 5 th December, 2020 in connection with a Minakhan Police Station Case No.260 of 2020 dated 5th December, 2020 under Section 21 (C)/29 of the NDPS Act on 29th September, 2021. Thereafter trial of the case commenced. During trial, prosecution could examine only 3 witnesses

till date. Next date is fixed on 19th and 20th September, 2022 for examination of the remaining witnesses.

It is also submitted by the learned Advocate for the petitioner that there are in all 9 witnesses.

At present 7 witnesses are yet to be examined. It is also submitted by the learned Advocate for the petitioner that the petitioner is a man of tender age. He lost his father before he was arrested in connection with this case. Therefore, he has prayed for expeditious disposal of the case.

It is ascertained from the order-sheet annexed with the instant revision that the learned Trial Judge examined only 2 witnesses in the first schedule and one witness in the second schedule, which was spread over by two dates.

For the reasons stated above, the learned Trial Judge is directed to examine at least six witnesses during the next schedule and take effective step for production of the witnesses on the dates fixed.

The learned Trial Judge is also directed to conclude the witness action within 3 months from the date of receipt of this order. The instant revision is, thus, disposed of.

(Bibek Chaudhuri, J.)

Mithun De/ A.R. (Ct).

Sl No.26.

D/L.