Lalit Kumar v. Union Of India

04.01.2024 Serial no. 47 [G.S.D] CRR 3812 of 2023 In the matter of : Lalit Kumar ... ... Petitioner Mr. S. Ghosh Ms. P. Bhowmick ... Petitioner Mr. A. K. Maiti Mr. T. Acharya ... for the Union of India A report has been submitted by Mr. Maiti, ld. advocate for the NCB, which reflects that on 29.1.2024, date has been fixed for consideration of charges. The petitioner has prayed for expeditious disposal of NCB Crime No.- 20/NCB/KOL/2021 (T.R. Case No. 22 of 2021).

The petitioner is detained in custody since 8th of June, 2021. More than two and half years have passed since the petitioner was arrested and, as such, I am of the view that the agony so expressed by the petitioner is justified. Having regard to the purpose for which the next date has been fixed, I direct the ld. trial court to take all efforts so that the process of consideration of charges are completed on 29th of January, 2024 and after consideration of charges, if the court is of the opinion that the trial should proceed, in that case, the ld. trial court would fix a schedule

consisting of three dates and fix such schedule once in every 45 days so that the trial of the case can be taken to its logical conclusion within a reasonable period of time. No unnecessary adjournment be granted to either of the parties.

In case, if any communication is required to be made for a witness belonging to the NCB not being present in court on the date so fixed, in such case, the ld. trial court would communicate with the Inspector of NCB, namely, Amal Kumar Sadhukhan or any other officer who would be presiding his post. The concerned officer would take prompt steps for ensuring the presence of the witness who belongs to the NCB or other officers of NCB.

If there is any difficulty, a compliance report must be filed before the ld. Special Court. There should not be any attempt to stretch the trial as already two and half years have expired without any progress and the number of witnesses proposed to be examined are six.

Ld. Public Prosecutor conducting the case would produce materials, exhibits and documents on the date so fixed for examination of the witnesses concerned. All stakeholders would cooperate with the ld. trial court so that the trial can be concluded at the earliest.

With the aforesaid observations, CRR 3812 of 2023 is disposed of.

Pending application (s), if any, is also disposed of. Mr. Maiti, ld. advocate for the NCB, would communicate this order to the Zonal Director, NCB, who would bring it to the notice of the respective officers so that no dilution is shown by the prosecuting agency in course of the trial for the progress of the instant case. Report so submitted be kept with the record.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court at Calcutta.

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

(Tirthankar Ghosh, J.)