Saiful Islam Mondal @ Mithu vs The State Of West Bengal
2022 Latest Caselaw 4924 Cal

Form J(1)     IN THE HIGH COURT AT CALCUTTA
                 Criminal Revisional Jurisdiction
                          Appellate Side


Present :
The Hon'ble Justice Bibek Chaudhuri



                       CRR 2672 of 2022

                      Saiful Islam Mondal @ Mithu
                                  Vs.
                      The State of West Bengal



            Mr. Soujanya Bandyopadhyay
                      ...for the petitioner

            Mr. Saswata Gopal Mukherjee, Ld. P.P.
            Ms. Faria Hossain
                         ...for the State




Item No.104


Heard & Judgment on:      01.08.2022


Bibek Chaudhuri, J.

This is an application for expeditious disposal of NDPS Case

No.N-134 of 2021 pending before the learned Additional Sessions

Judge, 6th Court at Barasat.

On perusal of the revisional application this Court is of the view

that instant revision can be disposed of here and now with the

assistance of the learned Public Prosecutor, High Court, Calcutta and

learned. P.P.-in-charge. Therefore, the learned Public Prosecutor, High

Court, Calcutta along with Ms. Faria Hossain learned P.P.-in-charge

are requested to assist this Court at the time of hearing of the matter.

Appointment of the learned Public Prosecutor, High Court,

Calcutta and Ms. Faria Hossain, learned P.P.-in-charge be regularized

by the learned Legal Remembrancer, Government of West Bengal.

It is the case of the petitioner that on 6 th October, 2021 the

petitioner was arrested while allegedly in possession of narcotic

substance. Accordingly, Gopalnagar Police Station Case No.587 of

2021 dated 7th October, 2021 under Sections 21(b)/(ii) (c) /25/29 of

the NDPS Act was registered against the petitioner. The trial Court

framed charge against the accused on 18 th July, 2022. The date was

fixed on 28th and 29th October, 2022 for recording evidence of the

witnesses. It is apprehended by the petitioner that on 28 th and 29th

October, 2022 no witness would be produced by the prosecution

unless a direction be passed by this Court.

On perusal of the progress of the case as averred by the

petitioner himself, I do not find any laches of the learned trial Judge

in sincerely proceeding with the instant case. Practically no witness

has been examined in Case No.N-134 of 2021. The date of recording

evidence is fixed on 28th and 29th October, 2022. Without considering

the progress of the case, this Court is not in a position to pass any

direction at this stage. Therefore, I do not find any merit in the

instant revision and in my view the instant revision is premature.

Considering such aspect of the matter, the instant revision is

dismissed on contest. However, the above order does not debar the

petitioner from making the similar prayer if it is found that the

prosecution fails to produce any witness for examination or there is

delay in trial at proper stage.

(Bibek Chaudhuri, J.)