Abu Munnath @ Munnath v. State Of West Bengal
IN THE HIGH COURT AT CALCUTTA
CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE The Hon'ble JUSTICE BIBEK CHAUDHURI CRR 3092 of 2022 Abu Munnath @ Munnath -VsThe State of West Bengal For the Petitioner:
Mr. Debasis Kar, Adv., For the State:
Mr. R.D.Nandy, Adv., Mrs. Sonali Das, 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. 123 of 2021 filed by the petitioner/accused person in custody arising out of Lake Town Police Station Case no. 253 of 2021 dated 24th September, 2021 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. R.D.Nandy and Mrs. Sonali Das learned
advocates are requested to assist this court on behalf of the state. Appointment of Mr. R.D.Nandy and Mrs. Sonali Das 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 24th September, 2021 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 28th April, 2022 under section 20(b)(ii)(c)/29 of the NDPS Act and the next date was fixed on 27th July, 2022 for evidence. No witness was present on 27th July, 2022 and next fixed for production and evidence is on 07.11.2022 and 09.11.2022 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 and dispose of the case as early as possible following the guideline of this Court mentioned above. 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.)