Khurshid Alam Sardar @ Raju And Another v. State Of West Bengal

AN 22.09.2023 Court No. 34 CRR 2411 of 2023 with CRAN 1 of 2023 Khurshid Alam Sardar @ Raju & anr.

Vs.

State of West Bengal & ors.

Mr. Angshuman Chakraborty Mr. S. S. Saha ... for the petitioners Mr. Saswata Gopal Mukherjee, ld. P. P.

Mr. S. Dutta Mr. M. F. Begg ... for the State The present revisional application has been preferred for expeditious disposal of N 126/2021 arising out of Minakhan Police Station Case no. 280/2021 dated 29.09.2021 under Sections 21(C)/29 of the Narcotic Drugs and Psychotropic Substances Act 1985.

The grievance of the petitioner is that the petitioner is in custody since 29.09.2021 which is almost for a period of about 24 months and till date, only two witnesses have been examined out of 11 witnesses cited by the prosecution. The petitioner complains that on the last few dates, no witnesses turned up in support of the prosecution and as such there is no progress in the trial. Having considered the agony expressed by the petitioner, I am of the view that the same is justified as such the learned trial court is directed to fix schedule of three days and fix such schedule on each and every 45 days so that the trial of the case can be taken to its logical conclusion within the reasonable period of time. No adjournment should be granted to either of the parties. In case, if

any witness is absent, learned Special Court would communicate the Superintendent of Police of the concerned District who would ensure the presence of the witnesses on the next date and submit a compliance report before the learned Special Court. Learned Public Prosecutor will produce all the documents, materials and exhibits on the date of examination of the witnesses so fixed. All stake holders would cooperate with the learned trial court so that the trial of the case is completed at the earliest. With the above observations, CRR 2411 of 2023 alongwith CRAN 1 of 2023 stand disposed of. Pending connected application, if any, also stands disposed of.

Parties are to act on the server copy of this order duly collected from the official website of the Hon'ble High Court at Calcutta.

(Tirthankar Ghosh, J.)