Asit Biswas v. State Of West Bengal

Form No. J(2)

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction Appellate Side

Present:

The Hon'ble Justice Jay Sengupta CRR 2664 of 2021 Asit Biswas Vs.

The State of West Bengal (via video conference) For the Petitioner :

Mr. Sumanto Chakraborty For the State :

Mr. Pratick Bose Heard on :

17th January 2022 Judgment on :

:

17th January 2022 The Court:

This is an application seeking an expeditious disposal of a proceeding in which a charge sheet was submitted under section 21 of the NDPS Act. Mr. Pratick Bose learned counsel who ordinarily appears on behalf of the State is requested to appear in this matter. His engagement may be regularised by the competent authority of the State in due course. The Petitioner is directed to serve a copy of the revisional application upon him.

Mr. Chakraborty, Learned counsel appearing on behalf of the petitioner, submits as follows. The petitioner is an accused in this case. He was arrested on 18.12.2019 the date on which the F.I.R. was lodged. The first charge sheet was taken

cognizance of on 12.06.2020. The second charge sheet was submitted on 14.07.2021. In all, nine witnesses are proposed to be examined by the prosecution as per charge sheet. Although the charge was framed on 24.11.2021, till date evidence could not commence. Dates have been fixed for evidence in the month of February 2022. The matter has remained pending for no fault on the part of the petitioner. Learned counsel appearing on behalf of the State, in his usual fairness, submits that State would not come in the way if a direction is passed for an expeditious disposal of the proceeding.

I have heard the submissions of the learned counsels for the appearing for the petitioner and the State and have perused the revision petition. It appears that some delay has been occasioned in concluding the proceeding, especially considering the fact that the petitioner is languishing in jail since 18.12.2019.

In view of the above and in the interest of justice, the learned Trial Court is requested to conclude the trial as expeditiously as possible without granting any unnecessary adjournment to any of the parties, preferably within eight months from the resumption of normal functioning of the Court. With these observations, the revisional application is disposed of. Urgent photostat certified copy of this order, if applied for, be given to the parties, upon completion of requisite formalities. (JAY SENGUPTA,J ) SB Item No. 61