Nikit Singh v. State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE The Hon'ble JUSTICE BIBEK CHAUDHURI CRR 4724 of 2022 Nikit Singh -VsThe State of West Bengal For the petitioner:

Mr. Dipayan Kundu, Adv Mr. Arunava Ganguly, Adv.

For the State:

Mr. Saryati Dutta, Adv., Heard on: 18th January, 2023.

Judgment on: 18th January, 2023.

BIBEK CHAUDHURI, J. : - 1.

This is an application for expeditious disposal of N case no. 51 of 2020 filed by the petitioner/accused person in custody arising out of Chandannagore Police Station Case no. 102 of 2020 dated 1st October, 2020 under Section 21(C) of the Narcotics Drugs and Psychotropic Substances Act, 1984 presently pending before the Learned Additional Sessions Judge cum Judge Special Court, Hooghly. 2.

On perusal of the instant application and the materials on record, this court is of the view that the instant application can be disposed of with the assistance of the learned public prosecutor-in-charge on behalf of the State. Therefore Mr. Saryati Dutta learned advocate is requested to

assist this court on behalf of the state. Appointment of Mr. Saryati Dutta be regularized by the learned Legal Remembrancer, Government of West Bengal.

3.

It is submitted by the learned advocate for the petitioner that the petitioner was arrested on 1st October, 2020 on the allegation of committing offence under Section 21(C) of the Narcotics Drugs and Psychotropic Substances Act, 1984. Since then, he is in custody. After completion of investigation Chargesheet and supplementary chargesheet was submitted on 1st March, 2021. Thereafter on 11th April, 2022 charge was framed against the petitioner under section 21(c) of the NDPS Act and next date was fixed on 14th, 15th and 16th November, 2022 for production and evidence. Several adjournments have been granted and next date has been fixed on 9th, 10th and 13th March, 2023. 4.

It is needless to say that in respect of "Case Flow Management", the High Court has issued a notification bearing No.4680 G dated 6th December, 2006. In the said notification NDPS case is listed as Track 1 case and trial court is directed to dispose of NDPS case within nine months from the date of submission of charge-sheet. The learned trial judge failed to take recourse of speedy disposal of the case and thereby violated the High Court notification No.4680 G dated 6th December, 2006. 5.

In view of such circumstances, the trial court is directed to positively conclude examination of witnesses within six months from the date of communication of this order and deliver judgment within one month thereafter.

6.

The instant criminal revision is thus disposed of with the above direction 7.

The learned Advocate for the petitioner is at liberty to communicate this order to the trial court and the trial court is directed to act upon the server copy of the order.

(Bibek Chaudhuri, J.)