Goni Biswas vs The State Of West Bengal
2022 Latest Caselaw 5540 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. 2515 of 2022
                            Goni Biswas
                                 Vs.
                      The State of West Bengal

For the petitioner      : Mr. Afreen Begum Adv.
                          Mr.Ankan Biswas, Adv

Heard on                : 17.08.2022

Judgment On             : 17.08.2022.

Bibek Chaudhuri, J.

This is an application praying for direction upon the Trial Court

to expedite the hearing of case No.N-188 of 2020 under Sections

21(C) of the Narcotic Drugs and Psychotropic Substances Act

presently pending before the learned Special Judge(NDPS)-cum-

Additional Sessions Judge, 6th Court at Barasat.

It is stated by the petitioner that he was arrested in connection

with Baduria Police Station Case No.514 of 2020 on 14 th September,

2020 on the allegation of commission of offence punishable under

Section 21(C) of the NDPS Act. Since then he is in custody. Charge-

sheet has been submitted in the aforesaid case on 11 th November,

2020 and 7th July, 2021 respectively. The Trial Court framed charge

against the accused on 17 th December, 2021. However, till date no

witness was examined though dates were fixed for recording evidence

of the witnesses on behalf of the prosecution.

It is also submitted by the learned Advocate for the petitioner

that the next date is fixed on 16th September, 2022 and 17th

September, 2022 and there are 8 charge-sheeted witnesses to be

examined by the Trial Court.

It is needless to mention that in a case instituted on police

report, it is the duty of the prosecution to produce witnesses for

recording evidence. Summons to the witnesses are sent on the basis

of the requisites filed by the learned Public Prosecutor or the learned

Special Public Prosecutor, as the case may be before the learned Trial

Judge. For expeditious disposal of a case, the learned Trial Judge has

the onerous duty to stimulate the Special Public Prosecutor to take

active step for production of witnesses. In the instant case though

the Trial Court fixed two dates i.e. 16 th September and 17th

September, 2022 for recording evidence of the witnesses, he did not

fix any schedule mentioning the name and number of the charge-

sheeted witnesses to whom he proposes to examine. Therefore, it is

prima facie clear that the learned Trial Judge is completely depended

upon the prosecution for examination of the witnesses and the

prosecution on its sweet will decides if the witnesses would be

produced or not on a particular date.

Under such circumstances, the instant revision is disposed of

directing the learned Trial Judge to take proactive step for production

of charge-sheeted witnesses for examination on the next dates fixed.

Since the similar type of applications are disposed of by this

Court in respect of the cases specially pending before the learned

Special Judge (NDPS)-cum-Additional Sessions Judge, 6 th Court at

Barasat, it is proposed that the learned District Judge, North-24-

Parganas at Barasat shall take up the issue administratively only to

sensitize and stimulate the Special Public Prosecutors about their roles

in respect of production of witnesses during trial of a Sessions case or

a case under the NDPS Act.

A copy of this order be sent to the learned District Judge,

North-24-Parganas at Barasat for information and necessary action.

(Bibek Chaudhuri, J.)

Mithun De/ A.R. (Ct).

Sl No.30..

D/L.