Raja Mondal vs The State Of West Bengal
2022 Latest Caselaw 5107 Cal

Form J(1)        IN THE HIGH COURT AT CALCUTTA
                    Criminal Revisional Jurisdiction
                               Appellate Side
Present :
The Hon'ble Justice Bibek Chaudhuri

                        C.R.R. 2317 of 2022

                             Raja Mondal
                                  Vs.
                       The State of West Bengal

For the petitioner       : Mr. Priyankar Ganguly, Adv.
                           Ms. Salini Bairagi, Adv.


Heard on                 : 05.08.2022

Judgment On              : 05.08.2022.


Bibek Chaudhuri, J.

This is an application for expeditious disposal of the N.D.P.S.

Case No.235 of 2020 arising out of Gopalnagar Police Station Case

No.613 of 2020 dated 14 th November, 2020 under Sections 21(C) /29

of the Narcotic Drugs and Psychotropic Substances Act. The said

case is pending for disposal before the learned Additional Sessions

Judge, 6th Court, Barasat, 24 Parganas (North).

It is submitted by the learned Advocate for the petitioner that

the petitioner was arrested on 14th November, 2020. Police submitted

charge-sheet and supplementary charge-sheet respectively on 28 th

February, 2021 and 4th June, 2021. The Trial Court framed charge

against the accused on 18th December, 2021. Subsequently date was

fixed for recording evidence on behalf of the prosecution on 25 th April,

2022.

It is submitted by the learned Advocate for the petitioner that

on 25th April, 2022, the Trial Court could not examine any witness on

the ground that Special Public Prosecutor was not appointed to

conduct the said case. Subsequently the hearing of the case was

adjourned. It is also submitted by him that there are only 7

witnesses listed in the charge-sheet and the Trial Court may be

directed to record the evidence of the said witnesses expeditiously.

From the submission made by the learned Advocate for the

petitioner, it is found that the Trial Court could not examine any

witnesses on 25th April, 2022 as Special Public Prosecutor was not

appointed to conduct trial of the case.

Therefore, there is no laches on the part of the learned Trial

Judge in dealing with the aforesaid case. The Trial Judge is undone if

Public Prosecutor is not appointed by the concerned authority.

I do not find any reason to pass any direction for expeditious

hearing of N.D.P.S. Case No.235 of 2020 at this stage.

The instant application is, accordingly, dismissed summarily.

(Bibek Chaudhuri, J.)

Mithun De/ A.R. (Ct).

Sl No.18.

M/L.