Kamal Sk v. State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction 28-06-2023 Subha Item no. 17 Ct no.34 CRR 2324 of 2023 Kamal Sk.

-versus- State of West Bengal Mr. Arnab Chatterjee Mr. Jisan Iqbal Hossain Ms. Poulami Bose Mr. K. Mondal ....for the petitioner.

Mr. Arijit Ganguly Mrs. Debjani Sahu ...for the State.

Petitioner is directed to serve a copy of the revisional application upon Mr. Arijit Ganguly, learned advocate who ordinarily appears on behalf of the State. His appointment may be regularized by the concerned Authorities in due course. Mr. Chatterjee, learned advocate appearing for the petitioner submits that the petitioner was arrested on 22nd June, 2021 and since then he is in custody i.e., for a period of 24 months. Having regard to the period of detention the anxiety expressed by the petitioner seems to be justified. In this case, chargesheet was submitted on December, 2021, charge was framed in June, 2022 and the prosecution to prove its case has relied upon 10 witnesses out of which till date four witnesses have been examined.

Having considered the factum of the period of detention, I direct the learned special court not to grant unnecessary

adjournment to either of the parties. In case any of the witnesses is absent on the date so fixed by the learned trial court, communication must be made to the office of the Superintendent of Police who is bound to main a register for the progress of NDPS cases. The Public Prosecutor appearing in the cases would produce the materials, documents and exhibits on the dates fixed for examination of the witnesses concerned.

It has been pointed out that all the witnesses are departmental witnesses. Accordingly, Superintendent of Police of the concerned District would take steps for ensuring regarding presence of the witnesses. Communication be sent to the concerned Superintendent of Police by the learned special court if the situation so demands. All efforts be taken by the stake-holders to complete the trial at the earliest.

With the aforesaid observations, the present revisional application being CRR 2324 of 2023 is disposed of. Pending applications, if any, are consequently disposed of. All concerned parties are to act in terms of a copy of this order duly downloaded from the official website of this court. [Tirthankar Ghosh, J]