Raju Patihar v. State Of West Bengal
IN THE HIGH COURT AT CALCUTTA
CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE The Hon'ble JUSTICE BIBEK CHAUDHURI CRR 2941 of 2022 Raju Patihar -VsThe State of West Bengal For the petitioner:
Mr. Angshuman Chakraborty, Adv., Mr. Shashanka Shekhar Saha, Adv.
For the State:- Mr. Sudip Ghosh, Adv., Mr. Apurba Kr. Dutta, Adv.
Heard on: 6th September, 2022.
Judgment on: 6th September, 2022.
BIBEK CHAUDHURI, J. : - 1.
The petitioner is the accused in N-16 of 2020 arising out of Basirhat Police Station Case No. 59 of 2020 dated 15.01.2020 under Section 21(C) of Narcotic Drugs and Psychotropic Substances Act 1985 presently pending before the Learned Additional Sessions Judge, 6th Court, Barasat. 2.
The petitioner has filed the instant revision praying for expeditious disposal of the NDPS case instituted against him. 3.
On perusal of the application under Section 482 of the Cr.P.C and considering the prayer made by the petitioner, this Court is of the view
that the revisional application can be disposed of here and now in presence of the learned Advocate for the state. 4.
Mr. Sudip Ghosh, learned P.P-in-Charge is requested to represent the State of West Bengal in the instant case. Copy of the revisional application is served upon the learned P.P-in-Charge. 5.
The legal Remembrancer, Government of West Bengal is requested to regularize the appointment of Mr. Sudip Ghosh. 6.
It is submitted by the learned Advocate for the petitioner that the petitioner was arrested in connection with the aforementioned case on 15th January, 2020 and since then he is in custody. After completion of investigation chargesheet was submitted being no. 53/2020 dated 31.03.2020 with a proposal of 6 witnesses all of whom are police personnel. Thereafter supplementary chargesheet was submitted adding 2 more witnesses. Thereafter on 27th September, 2021 charge was framed against the petitioner under Section 21 (C) of the NDPS Act. Subsequently, on 06.12.2021 and 07.12.2021 PW1 and PW2 were examined respectively. Next date for production and evidence was fixed on 15.03.2022 and 16.03.2022 but no witness was present. On several dates witnesses were not present and adjourned. Next date for production and evidence is fixed on 14.09.2022 and 15.09.2022. 7.
It is unfortunate to note that the learned trial judge examined only one witness per day on 06.12.2021 and 07.12.2021. It is specifically provided in Section 309 of the Cr.P.C that in a criminal trial the witnesses are to examined in one schedule and trial shall be contained from day-to-
day until all the witnesses in attendance have been examined. The learned trial judge has failed to follow Section 309 of the Cr.P.C. 8.
It is needless to say that in respect of "Case Flow Management", the High Court has issued a notification bearing No.4860 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.4860 dated 6th December, 2006. 9.
In view of such circumstances, the trial court is directed to positively conclude examination of witnesses by March, 2023 and dispose of the case by April, 2023.
10.
The instant criminal revision is thus disposed of with the above direction.
11.
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.)