Sahidul Islam Ski. v. The State Of West Bengal

06.01.2021

IN THE HIGH COURT AT CALCUTTA

Item No.15 CRIMINAL REVISIONAL JURISDICTION Ct.No.42 dc.

C.R.R. 1651 of 2020 Sahidul Islam Sk.

versus The State of West Bengal In Re: An Application under Section 482 of the Code of Criminal Procedure, 1973 filed in connection with Criminal Case No. N-165/19 (G.R. No. 4138/19) arising out of Basirhat P.S. Case No. 1110/19 under Section 21(c) of the Narcotic Drugs and Psychotropic Substances Act pending before the learned Additional Sessions Judge, 6th Court, Barasat.

Ms. Malashree Ghosh ... For the Petitioner.

Md. Anwar Hossain, Ms. Ratna Ghosh ... For the State.

Report submitted by the Investigating Officer be kept with the case record.

The learned advocate for the petitioner submits that there has been no progress in the case, although the petitioner is in custody since 17.10.2019. The learned advocate further adds that charge-sheet was submitted on 11.12.2019 and supplementary charge-sheet was submitted on 25.09.2020. The initial charge-sheet reflects that there are six witnesses and the report reflects that the next date is fixed on 13.01.2021 for consideration of charge. In view of the fact that the petitioner is in custody for more than 14 months, I direct the learned trial court to overcome the stage of consideration of charge on 13.01.2021

or within a week thereafter. The learned trial court would thereafter fix regular schedule at least once in every two months, so that there is a possibility of trial being concluded by the end of 2021.

No unnecessary adjournment should be granted to either of the parties and in case, any of the witnesses is absent on vague or flimsy grounds, the learned court below would be at liberty to exhaust harsher process of law. All efforts must be taken by the learned trial court so that the petitioner is not aggrieved by the progress of the case and the trial can be taken to its logical conclusion within the time as referred to above.

With the aforesaid observations, CRR 1651 of 2020 is disposed of.

Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance with the necessary formalities.

(Tirthankar Ghosh, J.)