Rohal Amin@Rahul Amin@Rahul v. The State Of West Bengal

09.09.2022

IN THE HIGH COURT AT CALCUTTA

Item No.11 CIRCUIT BENCH AT JALPAIGURI Ct.No.2 CRIMINAL REVISIONAL JURISDICTION dc.

C.R.R. 204 of 2022 Rohal Amin @ Rahal Amin @ Rahul versus The State of West Bengal In Re: An Application under Section 483 of the Code of Criminal Procedure, 1973.

Mr. Hillol Saha Podder, Ms. Mousumi Das ... For the Petitioner.

Mr. Aditi Shankar Chakraborty, Mr. Arun Kumar Sarkar ... For the State.

The present revisional application was preferred for expeditious disposal of NDPS Case No. 35 of 2019 arising out of Kotwali Police Station Case No. 685 of 2019 dated 22.10.2019.

The petitioner is in custody since 22.10.2019 i.e. for more than one year ten months. Considering the period of detention, I find that there is justification in the prayer advanced by the petitioner.

A report has been submitted today by the Inspector-inCharge, Kotwali Police Station, Jalpaiguri. Let the said report dated 08.09.2022 be kept on record.

The said report reflects that charge has already been framed in respect of four accused persons and one of the accused persons are absconding.

In view of the charge being framed, I direct the learned trial court to fix a schedule consisting of three dates and at

least fix such a schedule once in every 45 days so that trial can be taken to its logical conclusion within a reasonable period of time.

Needless to state that no unnecessary adjournment should be granted to either of the parties and in case, any witness is absent without a justifiable cause, the learned trial court would be at liberty to exhaust harsher process of law. Learned public prosecutor conducting the case should assure before a schedule or date is fixed regarding the availability of the witnesses.

All efforts should be taken by the parties to the litigation for concluding the trial as early as possible. With the aforesaid observations, the revisional application being CRR 204 of 2022 is disposed of. All pending connected applications, if any, are consequently disposed of.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)