Rabiul Sardar v. State Of West Bengal

Sr. 30 04-01-2021 s. d.

ct, no.42 CRR 1829 of 2020 In Re : Rabiul Sardar ... petitioner. In the matter of : An application under Sections 482 read with Section 483 of the Code of Criminal Procedure in connection with NDPS Case No.132 of 2019 arising out of Bagdah P. S. Case No. 472 of 2019 dated 08.09.2019 under Section 21 ( C ) of the N.D.P.S Act, 1985 passed by the Ld. Addl. District and Sessions Judge, 6th Colurt, Barasat, North 24 Parganas.

Mr. Angshuman Chakraborty Mr. S. S. Saha .....for the petitioner.

Mr. Arijit Ganguly Mr. Sanjib Kumar Dan ....for the State.

The learned advocate for the petitioner submits that the grievance of the petitioner relate to no progress being made in the proceedings pending before the learned court below in respect of the petitioner who is in custody since 08.09.2019.

Learned advocate for the petitioner further submits that although chargesheet has been submitted on 30.10.2019 and supplementary chargesheet was submitted on 07.08.2020, but till date the prosecution could not make progress for overcoming the stage of consideration of charge.

It has been submitted that the next date has been fixed on 08.01.2021 and the prosecution has relied upon 11(eleven) witnesses to prove its case.

Having regard to the submissions so advanced and 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 08.01.2021 or within a week thereafter.

The learned court thereafter would fix a regular schedule for the progress of the trial of the case and take all efforts so that within a reasonable period of time the examination of the prosecution witnesses can be taken to its logical conclusion.

With the aforesaid observations, CRR 1829 of 2020 is disposed of.

Urgent Photostat certified copy of this order, if applied for, be given to the parties upon compliance of all formalities.

( Tirthankar Ghosh, J. )