Dibyendu Sarkar vs The State Of West Bengal
2022 Latest Caselaw 3895 Cal

Form J(2)         IN THE HIGH COURT AT CALCUTTA
                     Criminal Revisional Jurisdiction
                              Appellate Side
Present :
The Hon'ble Justice Bibek Chaudhuri

                        C.R.R. 1795 of 2022

                          Dibyendu Sarkar
                                 Vs.
                      The State of West Bengal

For the petitioner      :   Mr. Prabir Mazumder, Adv.


For the State           :   Mr. Tanmoy Kr Ghosh, Adv.
                            Ms. Pritha Paul, Adv.

Heard on                : 01.07.2022

Judgment On             : 01.07.2022.

Bibek Chaudhuri, J.

Considering the averment made in the instant criminal

revision and the materials on record, this Court is of the view that the

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

the learned Public Prosecutor-in-Charge.

Mr. Tanmoy Ghosh, learned Public Prosecutor-in-Charge is

requested to assist this Court. Appointment of Mr.Tanmoy Ghosh be

regularized by the learned Legal Remembrancer, Government of West

Bengal.

The petitioner has served copy of the revisional application.

The case of the petitioner is that he was arrested on 16 th

March, 2021 allegedly while possessing some narcotic substances. A

case under Section 21(c) of the NDPS Act was registered.

Subsequently charge-sheet was filed and the learned Trial Judge

framed charge against the petitioner under Section 21(c) of the NDPS

Act on 24th March, 2022 fixing 8th June, 2022, 9th June, 2022 and 20th

June, 2022 for recording evidence of the witnesses. However, in

those days no witness on behalf of the prosecution was produced by

Investigating Officer.

It is unfortunate to note that this Court is over burden with

similar type of complaint mainly on the ground of inaction on the part

of the police authority in producing the witnesses on behalf of the

prosecution.

The instant criminal revision is disposed of directing the

learned Special Judge, NDPS Act at Krishnagar to pass a strict order

to the Investigating Officer directing him to produce the witnesses on

the next schedule. The learned Special Judge is requested to take all

endeavour to conclude examination of witnesses within six months

from the date of receipt of the order.

The instant criminal revision, is, thus, disposed of.

(Bibek Chaudhuri, J.)