Mainur Rahaman@Md Maynur Rahaman And ANR v. State Of West Bengal
06.01.2021
IN THE HIGH COURT AT CALCUTTA
Item No.18 CRIMINAL REVISIONAL JURISDICTION Ct.No.42 dc.
C.R.R. 1837 of 2020 Mainur Rahaman alias Md. Maynur Rahaman & Anr. versus The State of West Bengal In Re: An Application under Section 482 read with Section 483 of the Code of Criminal Procedure filed in connection with NDPS Case No. 216/18 arising out of Barasat P.S. Case No. 887 dated 07.12.2018 under Sections 21(C)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. Mr. S. S. Saha ... For the Petitioners.
Md. Anwar Hossain, Ms. Sreyashee Biswas ... For the State.
The petitioners are aggrieved by the progress of NDPS Case No. 216/18 arising out of Barasat P.S. Case No. 887 dated 07.12.2018.
The learned advocate for the petitioners submits that the petitioners were arrested on 07.12.2018 and the investigating agency, on completion of investigation, submitted charge-sheet on 24.05.2019 and supplementary charge-sheet was filed on 14.01.2020.
The grievance of the petitioners is that although they are in custody for more than two years, but till date, the progress of the case is not to their satisfaction. The learned advocate for the petitioners is directed to serve a copy of the application upon Mr. Anwar Hossain, learned advocate who ordinarily appears for the State. I have been informed by the learned advocate appearing for the petitioners that today (06.01.2021), charge has been
framed and the next date for evidence has been fixed on and from 22.02.2021.
In view of the fact that the petitioners are in custody for more than 24 months and eight witnesses are to be examined, the learned trial court is directed that subsequent dates should be fixed at regular intervals only after the office of the learned court is able to communicate with the learned public prosecutor conducting the case regarding the availability of the witnesses. Once the learned public prosecutor assures regarding the availability of the witnesses and if such witnesses do not appear on the date so fixed, the learned court below would be at liberty to exhaust harsher process of law for compelling the witnesses to be present.
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 deal with the said witnesses in a strict manner. All efforts must be taken by the learned trial court to conclude the trial within a reasonable period of time keeping in mind the spirit of Article 21 of the Constitution of India. With the aforesaid observations, CRR 1837 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.)