Safikul Islam And Another v. State Of West Bengal

21.08.2023

IN THE HIGH COURT AT CALCUTTA

Item No.25 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 2994 of 2023 In the matter of : Safikul Islam & Anr.

... Petitioners.

Mr. N. Majhi, Mr. Hemanta Kumar Das ... For the Petitioners.

Mr. Avishek Sinha ... For the State.

Learned advocate appearing for the petitioners is directed to serve a copy of this revisional application upon Mr. Avishek Sinha, learned advocate, who ordinarily appears for the State. His appointment may be regularised by the concerned authorities.

The learned advocate appearing for the petitioners is aggrieved by the manner in which there has been progress of NDPS Case No. 171 of 2021 which is pending before learned Special Court at Barasat, North 24-Parganas. Learned advocate submits that the petitioners are in custody since 19.12.2021.

The prosecution has framed charge in connection with the instant case. Attention of the Court has been drawn to the order dated 28.07.2022 passed in C.R.M. (NDPS) No. 726 of 2022 where there was a direction by the Division Bench of this Hon'ble Court to expedite the trial and conclude the same as expeditiously as possible without granting unnecessary adjournment to either of the parties. Learned advocate for the petitioners submits that till date only one witness has been examined out of five

witnesses proposed in the charge-sheet and two witnesses proposed in the supplementary charge-sheet.

Having regard to the fact that the petitioners are in custody for one year seven months, I direct the learned trial court to fix at least a schedule consisting of three dates and fix such schedule once in every two months so that trial of the case can be taken to its logical conclusion within a reasonable period of time. No unnecessary adjournment should be granted to either of the parties.

In case any witness is absent on the date so fixed, the learned trial court would communicate with the Superintendent of Police of the concerned district for ensuring the presence of the witnesses.

Learned public prosecutor conducting the case would ensure regarding the production of materials, documents and exhibits on the dates so fixed for examination of the witnesses.

All efforts be taken for concluding the trial at the earliest keeping in view the prior direction of the Division Bench of this Hon'ble Court dated 28.07.2022. With the aforesaid observations, the revisional application being CRR 2994 of 2023 is disposed of. Pending connected application, if any, is consequently disposed of.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)