Calcutta High CourtCRR/2501/2022disposed

Subhra Bramha v. State Of West Bengal

2023-06-06Hon'Ble Justice Tirthankar Ghosh2 pages

06.06.2023

IN THE HIGH COURT AT CALCUTTA

Item No.76 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 2501 of 2022 Subhra Bramha versus The State of West Bengal In Re: An Application under Section 482 of the Code of Criminal Procedure, 1973.

Mr. Sudip Ghosh Chowdhury, Ms. Bina Baidya ... For the Petitioner.

Mr. Joydeep Roy, Ms. Sujata Das ... For the State.

The present revisional application has been preferred in connection with NDPS Case No. 19 of 2020. Learned advocate appearing for the petitioner submits that the petitioner is in custody since 13.03.2020 and till date out of ten witnesses so relied upon by the prosecution only four witnesses have been examined.

I have considered the anxiety expressed by the petitioner. Learned advocate for the petitioner is directed to hand over a copy of this revisional application upon Ms. Sujata Das, learned advocate, who ordinarily appears for the State. Her appointment may be regularised by the concerned authorities.

The learned Special Court is directed to see that a schedule is fixed in this case of three dates and on each and every 45 days, the matter is taken up adhering to the schedule. The learned Special Court must take into account that the petitioner is in custody for about 39 months. No

unnecessary adjournment should be granted to either of the parties.

The learned public prosecutor conducting the case should make the material exhibits and the documents available on the dates on which the witnesses are fixed for being examined.

Any non-cooperation from the side of the State should be held harshly and sternly.

The learned Special Court would immediately communicate to the Commissioner of Police or the Superintendent of Police who is in-charge of either the commissionerate or the district.

All efforts should be taken for concluding the trial of the case at the earliest.

With the aforesaid observations, the revisional application being CRR 2501 of 2022 is disposed of. Pending connected application, if any, is consequently disposed of.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)