Ashim Das v. State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE The Hon'ble JUSTICE BIBEK CHAUDHURI CRR 2925 of 2022 Ashim Das -VsThe State of West Bengal For the Petitioner:

Mr. Debasis Kar, Adv., For the State:

Mr. Prasun Dutta, Adv., Mr. Subrata Roy, Adv Heard on: 14th December, 2022.

Judgment on: 14th December, 2022.

BIBEK CHAUDHURI, J. : - 1.

This is an application for expeditious disposal of N case no. 141 of 2020 filed by the petitioner/accused person in custody arising out of Swarupnagar Police Station Case no. 362 of 2020 dated 1st August, 2020 under Section 21(C)/29 of the Narcotics Drugs and Psychotropic Substances Act, 1984 presently pending before the Learned Additional Sessions Judge, 6th Court at Barasat.

2.

On perusal of the instant application and the materials on record, this court is of the view that the instant application can be disposed of with the assistance of the learned public prosecutor-in-charge on behalf of the State. Therefore Mr. Prasun Dutta and Mr. Subrata Roy learned

advocates are requested to assist this court on behalf of the state. Appointment of Mr. Prasun Dutta and Ms. Subrata Roy be regularized by the learned Legal Remembrancer, Government of West Bengal. 3.

It is submitted by the learned advocate for the petitioner that the petitioner was arrested on 1st August, 2020 allegedly for committing offence under Section 21(C)/29 of the Narcotics Drugs and Psychotropic Substances Act, 1984 and since then, he is in custody. After completion of investigation charge was framed on 13th April, 2022 and next date was fixed on 27th June, 2022. No witness has been examined even after an expeditious order of this Court. The next date is fixed on 13.09.2022 and 14.09.2022 for evidence.

4.

It is further submitted by the learned Advocates for the petitioner that the prosecution is not at all serious for speedy disposal of the case. Therefore, necessary direction may be issued upon the court below for expeditious disposal.

5.

It is needless to say that in respect of "Case Flow Management", the High Court has issued a notification bearing No.4680 G dated 6th December, 2006 in the said notification NDPS case is listed as Track 1 case and trial court is directed to dispose of NDPS case within nine months from the date of submission of charge-sheet. The learned trial judge failed to take recourse of speedy disposal of the case and thereby violated the High Court notification No.4680 G dated 6th December, 2006.

6.

In view of such circumstances, the trial court is directed to positively conclude examination of witnesses by July, 2023 and dispose of the case by August, 2023.

7.

The instant criminal revision is thus disposed of with the above direction.

8.

The learned Advocate for the petitioner is at liberty to communicate this order to the trial court and the trial court is directed to act upon the server copy of the order.

(Bibek Chaudhuri, J.)