Md. Meraj Sk vs Unknown
2021 Latest Caselaw 244 Cal

19.01.2021

suman Ct.30 CRR 135 of 2021

(Via Video Conference)

In the matter of : Md. Meraj Sk.

....Petitioner

Mr. Somnath Banerjee Mr. Pronojit Roy ...for the petitioner

Mr. Bidyut Kr. Roy Ms. Rita Dutta ..for the State

This is an application filed by the accused

/petitioner praying for an appropriate order and /or

direction upon the learned Judge, NDPS Act,

Berhampore, Murshidabad to dispose of Lalgola Police

Station Case No.257 of 2017 dated 13.06.2017 under

Section 21( c) /29 of the Narcotic Drug and

Psychotropic Substance (NDPS) Act, (NDPS 240 of

2017).

Mr. Bidyut Kumar Roy with Ms. Rita Dutta who

generally represent the State are requested to represent

the State of West Bengal, O.P. herein in the instant

case to which they have agreed.

Copy of the revisional application is served upon

the learned advocates for the State of West Bengal.

The matter is taken up for hearing.

The learned advocate for the petitioner at the

outset draws my attention to a copy of the order passed

in CRR No.2964 of 2019 dated 16th December, 2019

passed by a Co-ordinate Bench of this Court.

On perusal of the said order it is ascertained that

the learned Special Court, NDPS Act was directed to fix

a schedule of this case at least once in every 45 days

with three consecutive dates in a schedule. The

learned trial Judge was further directed to take all

efforts to conclude the trial as early as possible.

Grievance of the petitioner is that he is in custody for

about three and half years and he is anxiously waiting

for conclusion of the trial and disposal of the case. In

spite of the order being passed by this Court on 16 th

December, 2019, the learned trial Court was able to

examine only three witnesses out of 13 charge sheeted

witnesses. It is further submitted by the learned

advocate for the petitioner that the remaining witnesses

are police personnel and their attendance can easily be

obtained.

Mr. Roy, learned advocate for the State of West

Bengal also submits that trial of a criminal case should

be concluded without unnecessary delay.

Having heard the learned advocates for the

petitioner and the State of West Bengal, the instant

criminal revision is disposed of by directing the learned

trial Court to examine the remaining witnesses in

connection with this case within three months from the

date of communication of this order without giving any

adjournment to either of the parties. The learned trial

Judge is further directed to dispose of the NDPS Case

No.240 of 2017 within four months from the date of

delivering judgment on conclusion of trial.

The petitioner is at liberty to communicate this

order to the learned trial Judge obtaining server copy of

the same and the learned Court below is directed to act

on the server copy without insisting certified copy of the

order passed by this Court.

The instant criminal revision is thus disposed of

on contest, however, without costs.

(Bibek Chaudhuri, J.)