Abbas Mondal @ Babu v. State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVSIONAL JURISDICTION APPELLATE SIDE The Hon'ble JUSTICE BIBEK CHAUDHURI CRR 3400 of 2022 Abbas Mondal @ Babu -VsThe State of West Bengal For the petitioner:

Mr. Angshuman Chakraborty, Adv Mr. Shashanka Shekhar Saha, Adv., For the State:- Mr. Arijit Ganguly, Adv., Mr. S.K. Dan, Adv Heard on: 14 December, 2022 Judgment on: 14 December, 2022.

BIBEK CHAUDHURI, J. : - 1.

This is an application for a direction upon the trial court for expeditious disposal of the case No.N 61/2020 arising out of Basirhat Police Station Case No.291 of 2020 dated 27th February, 2020 under Section 21(C) of the Narcotics Drugs and Psychotropic Substance Act, 1985, presently pending before the learned Additional Sessions Judge, 6th Court at Barasat.

2.

The accused is the petitioner before this Court. It is submitted by the petitioner that in connection with the above mentioned case the petitioner was arrested on 27th February, 2020 and he is still in custody. 3.

Investigation of the case is concluded on submission of chargesheet dated 8th April, 2020 citing six witnesses to prove the charge against

the accused. Subsequently, on 16th January, 2021 supplementary chargesheet was submitted by the Investigating Officer wherein four more witnesses were shown to be examined on behalf of the prosecution. Thus, in all there are ten witnesses to be examined. The learned trial judge framed charge against the accused on 11th August, 2021. Subsequently, series of schedules were fixed till 5th November, 2022 but the prosecution failed to produce any witness during this period. 4.

This Court is not unmindful to note that at the relevant point of time there are Covid Pandemic. Therefore, it might not be possible for the prosecution to produce the witnesses.

5.

However, at this stage there is no impediment from examining the witnesses for speedy disposal of the case. It is not desirable that a person should be in judicial custody since 27th February, 2020. 6.

Under such circumstances, the instant revision is disposed of directing the trial court to fix specific schedule in accordance with the provision of Section 309 of the Code of Criminal Procedure and examine all the witnesses on behalf of the prosecution within six months from the date of this year. He shall come to logical ends of the case one month thereafter.

7.

The instant revision is accordingly disposed of. (Bibek Chaudhuri, J.)