Prosenjit Sarkar And ANR v. State Of West Bengal And ORS.

22.12.2020 Ct. 42.

Sd./48 CRR 1826 of 2020 Prosenjit Sarkar & anr. Vs. State of W.B.

Mr. A. Chakraborty..For the petitioner.

Mr. S.G. Mukherjee-Ld. P.P Mr. A. Ganguly ..For the State.

The petitioner is aggrieved by the manner in which NDPS case no. 252/2017 (arising out of Baduria P.S. Case no. 691/2017) is progressing.

The learned advocate for the petitioner submits that the petitioner was arrested on 30.10.2017 and the investigating agency after completion of investigation, submitted charge sheet on 23.12.2017. Supplementary charge sheet was filed on 26.03.2018. Charge was framed on 31.07.2018 and two witnesses have been examined.

Having regard to the fact that the petitioner is in custody for more than 3 years and out of the available witnesses which is 9 or few more, only 2 witnesses have been examined, I am of the opinion that the learned Additional District and Sessions Judge, 6th Court Barasat should fix regular dates for conclusion of the trial. The learned trial court as such should fix a schedule at least 3 days in each of every month on and from February 2021 till all the witnesses are examined and concluded in the trial. To that effect the office of the learned trial court would communicate the learned

Public Prosecutor conducting the case and the learned Public Prosecutor after ascertaining regarding the availability of the witnesses would assure the court regarding their presence on the date so fixed. No unnecessary adjournment should be granted to either of the parties, and the trial court should take all steps so that within a reasonable period of time, the trial of the case can be concluded.

With the above observation, CRR 1826 of 2020 is disposed of.

(Tirthankar Ghosh, J. )