Uttam Kumar Roy @ Vicky And Another v. Union Of India

06.09.2023 Court No.34 pg.

IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE CRR 2397 of 2023 with IA No. CRAN 1 of 2023 Uttam Kumar Roy @ Vicky & Anr.

Vs.

Union of India Mr. Arnab Chatterjee Ms. Poulami Bose Ms. D. Biswas ... For the petitioners Mr. R.V. Kundalia Ms. Ashwarya Rajyashree ... For the Customs Authority Report submitted on behalf of the Department of Customs be kept with the record.

Report submitted reflects that charge has already been framed against another accused who evaded the process, namely, Ujjal Parui. An annexure to the report has been sent which reflects that three of the witnesses associated with the Government Department are all posted in the State of West Bengal. The next dates have been fixed in the month of December, i.e., 4th December, 2023 and 5th December, 2023. Two of the witnesses of the Customs Department, particularly, the complainants, must be present on the dates so fixed before the learned Special Court under NDPS Act, being the learned Additional District and Sessions Judge, 5th Court, Berhampore, Murshidabad. It is further directed that as the present

petitioners are in custody since 18th September, 2021, i.e., for about 23 months and the evidence has not commenced, I direct the learned Trial Court to fix a schedule consisting of three dates on and from the month of December, 2023, on each and every 45 days so that the trial can be taken to its logical conclusion within a reasonable period of time.

Superintendent of Customs, Berhampur Customs Preventive Unit, would act as Nodal Officer of the case and in case there is any difficulty to trace out any witnesses, the learned Trial Court will communicate with the said officer concerned. The Superintendent of Customs will take all steps to ensure regarding availability of the witnesses including documents, materials required for being marked as exhibits in the case. The same must be produced on the dates so fixed and the learned Public Prosecutor conducting the case would communicate the same to both the office of the Customs as well as the learned Court in seisin of the matter. No unnecessary adjournment be given to either of the parties.

All efforts be taken by the stakeholders to conclude the trial at the earliest.

With the aforesaid observations, the revisional application, being CRR 2397 of 2023 and the connected application, being CRAN 1 of 2023, are disposed of.

Pending application, if any, is 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.)