Suken Das Bairagi @ Sukhen Das Bairagi v. State Of West Bengal

C.R.R. 1836 of 2020 Court No.

Item 55 ssi 03.02.

In the matter of:- Suken Das Bairagi @ Sukhen Das Bairagi Mr. Prabir Majumder ...for the petitioner Mr. S.G. Mukherjee Mr. Arijit Ganguly ...for the State This is an application seeking expeditious disposal of a proceeding in which a charge-sheet was submitted under Sections 21 (c) and 29 of the NDPS Act. A progress report in respect of the impugned proceeding as filed on behalf of the Investigating Officer of the case is taken on record.

It appears from a communication made to the learned Registrar General, High Court at Calcutta by the learned advocate for the State that the Investigating Officer attended the court on 02.02.2021 when the matter was supposed to appear. However, as there was a full court resolution taken on that date, the Investigating Officer appeared before the learned Registrar General and noted his presence.

Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is the accused in this case who is in custody since his date of

arrest i.e. 09.01.2019. Initially the First Information Report was registered against accused.

After completion of investigation, the charge-sheet was submitted only against the present petitioner. The learned trial Court asked for explanation from the Investigating Officer of the case. However, the Investigating Officer of the case could not attend the Court for very long period. Subsequently, the Investigating Officer of the case explained the reason for his non-attendance of the trial Court before this Court during the course of the hearing of the revisional application. On 23.12.2020, this Court directed the learned Special Court to conclude the process of consideration of the charges that is by next date of hearing i.e. by 24.12.2020 or in course of the next week and fix dates for examination of witnesses.

Learned counsel appearing on behalf of the State submits that, as would appear from the progress report submitting by the Investigating Officer of the case, charges were framed in this case on 02.01.2021 and after that, dates were fixed for evidence on 12.01.2021. On that date, the prosecution examined two witnesses and the next date was fixed for trial on 04.02.2021.

I have heard the submissions of the learned counsels appearing on behalf of the petitioner and the State and have perused the revision petition and the reports filed in this case.

It appears that the learned trial Court has proceeded with the trial of the case as per direction given by this Court on 23.12.2020.

In view of the above and in the interest of justice, the learned trial Court is requested to conclude the trial as expeditiously as possible without granting any unnecessary adjournment to any of the parties and by complying with the directions passed by this Court on 23.12.2020.

With these observations, the revisional application is disposed of.

Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities. (Jay Sengupta, J.)