Surya Ghosh v. State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVSIONAL JURISDICTION APPELLATE SIDE The Hon'ble JUSTICE BIBEK CHAUDHURI CRR 4066 of 2022 Surya Ghosh -VsThe State of West Bengal For the Petitioner: Mr. Soujanaya Bandyopadhyay, Adv., For the State:

Mr. Sahid Imam, Adv.

Mr. Angshuman Chakraborty, 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)/28/29 of the Narcotics Drugs and Psychotropic Act being Case No. N-75/2021 pending before the learned Judge Special Court, NDPS Act cum Additional Sessions Judge, 1st court at Barrackpore.

2.

It is stated by the petitioner that he was arrested in connection with Airport Police Station Case No.326 of 2021 on 2nd September, 2021 on the allegation that he was illegally in possession of narcotic substance above commercial quantity. After investigation, police submitted charge sheet

against the accused on 31st October, under Sections 20(b)(ii)(c)/28/29 of the Narcotic substance and Psychotropic Act. The trial court framed charge against the accused on 28th April, 2022 fixing 28th and 29th June, 2022 for examination. Only one witness has been examined on 22nd September, 2022 and next date is fixed on 13th to 15th February, 2023.

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. Sahid Imam and Mr. Angshuman Chakraborty are appointed as Advocates on behalf of the prosecution in this case. Appointment of Mr. Sahid Imam and Mr. Angshuman Chakraborty 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.)