Asish Dey v. State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE The Hon'ble JUSTICE BIBEK CHAUDHURI CRR 3532 of 2022 Asish Dey -VsThe State of West Bengal For the Petitioner:

Mr. Debasis Kar, Adv., For the State:

Mr. T.K. Ghosh, Adv., Mr. Arindam Sen, Adv Heard on: 14th December, 2022.

Judgment on: 14th December, 2022.

BIBEK CHAUDHURI, J. : - 1.

This is an application for a direction upon the trial court for expeditious disposal of a Criminal Case pending against the petitioner under Sections 20(b)(ii)(c)/29 of the Narcotics Drugs and Psychotropic Act being Case No. N-31/2021 pending before the learned Sessions Judge, 1st Court at Barrackpore.

2.

It is stated by the petitioner that he was arrested in connection with Belghoria Police Station Case No.296 of 2021 on 1st May, 2021 on the allegation that he was illegally in possession of ganja weighting approximately 40.5kgs. After investigation, police submitted charge sheet against the accused on 6th October, 2021 under Sections 20(b)(ii)(c) of the

Narcotic substance and Psychotropic Act. The trial court framed charge against the accused on 21st February, 2022.

3.

It is the grievance of the petitioner that the trial court has failed to fix a schedule of examination of witnesses as contemplated in Section 309 of the Code of Criminal Procedure and also failed to follow the guideline issued by this Court vide notification No.4680 G dated 6th December, 2006.

4.

This Court is of the view that the instant revision can be disposed of here and now with the assistance of the learned Advocate on behalf of the prosecution. Therefore Mr. T.K. Ghosh and Mr. Arindam Sen are appointed as Advocates on behalf of the prosecution in this case. Appointment of Mr. T.K. Ghosh and Mr. Arindam Sen be regularized by the learned Legal Remembrancer, Government of West Bengal. 5.

Thus, it is the bounden duty of the trial court to follow the directions contained in High Court Notification No.4680 G dated 6th December, 2006.

6.

Under such circumstances, instant revision is disposed of directing the trial court to take all step and endevour to conclude trial of the case within the time limit contained in Notification No.4680 G dated 6th December, 2006.

7.

The instant revision is thus disposed of.

(Bibek Chaudhuri, J.)