Hasanur Mondal @ Hasan And Another v. State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE The Hon'ble JUSTICE BIBEK CHAUDHURI CRR 3191 of 2022 Hasanur Mondal alias Hasan & Anr.

-VsThe State of West Bengal For the Petitioner:

Mr. Shashanka Shekhar Saha, Adv., For the State:

Mr. Sudip Ghosh, Adv., Mr. Apurba Dutta, 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. 68 of 2021 filed by the petitioners/accused persons in custody arising out of Gopalnagar Police Station Case no. 282 of 2021 dated 24th May, 2021 under Section 21(C) 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. Sudip Ghosh and Mr. Apurba Dutta learned

advocates are requested to assist this court on behalf of the state. Appointment of Mr. Sudip Ghosh and Mr. Apurba Dutta 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 May, 2021 under Section 21(C) of the Narcotics Drugs and Psychotropic Substances Act, 1984 and since then, he is in custody. After completion of investigation chargesheet dated 23rd July, 2021 under Section 21(c)/29 of the NDPS Act was submitted proposing 9 witnesses to be examined all of whom are police personnel. Supplementary chargesheet was submitted adding one more witness and charge was framed on 1st July, 2022 under Section 21(c)/29 of the NDPS Act and the next date was fixed on 28th September, 2022 and 29th September, 2022 for evidence.

4.

It is further submitted by the learned Advocate for the petitioners 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.4860 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.4860 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.

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.)