Bablu Sardar And Another vs The State Of West Bengal
2022 Latest Caselaw 4010 Cal

Form J(2)       IN THE HIGH COURT AT CALCUTTA
                   Criminal Revisional Jurisdiction
                              Appellate Side

Present :
The Hon'ble Justice Bibek Chaudhuri



                         CRR 2264 of 2022


                        Bablu Sardar and another
                                     Vs.
                        The State of West Bengal


              Mr. Angshuman Chakraborty
              Mr. Shashanka Sekhar Saha
                        ...for the petitioners

              Mr. Pratick Bose
              Mr. Surajit Saha
                ..for the State


Item No.44.



Heard & Judgment on:          06.07.2022


Bibek Chaudhuri, J.

The petitioner has approached this Court invoking revisional

jurisdiction with a prayer for expeditious disposal of N. 45/2021

arising out of Baduria Police Station Case No.167/2021 under

Sections 21 (c) /29 of the Narcotic Drugs and Psychotropic

Substances Act, 1985.

On perusal of the averment made in the instant revision this

Court is of the view that this revision can be disposed of here and

now with the assistance of learned P.P.-in-charge. Mr. Pratick Bose

and Mr. Surajit Saha, learned advocates on behalf of the State are

requested to assist this Court. Their appointment be regularized

by the learned Legal Remembrancer, Government of West Bengal.

Learned advocate for the petitioner is directed to serve a

copy of the application to the learned advocates for the State.

In the instant case, it is alleged by the petitioner that he was

arrested in Baduria Police Station Case No.167/2021 for allegedly

committing offence under Section 21(c)/29 of the said Act. Since

then he is in custody. Police submitted charge sheet on 18 th April,

2021. There are nine witnesses in the charge sheet. On 3 rd

February, 2022 subsequently charge sheet has been submitted.

The trial Court framed charge against the accused on 10 th March,

2022. A date was fixed on 3 rd June, 2022 for examination of the

witnesses but no witness was produced by the prosecution. Next

date is fixed on 26th September, 2022.

On careful perusal of the list of dates I am not in a position to

accept that due to some negligent act of the trial Court, trial of the

case is being delayed. The learned trial Judge fixed date for

examination of the witnesses but due to non-production of the

witnesses which is the duty of the Investigating Officer,

examination could not be made. Therefore, the instant revisional

application is disposed of directing the trial Court to take positive

step on the next date of examination of the witnesses to ensure

attendance of at least two witnesses. Subsequently, he will

prepare a schedule of trial in terms of the provision of Section 309

of the Code of Criminal Procedure so that the trial can be

concluded expeditiously.

The instant revision is, thus, disposed of with the above

direction.

(Bibek Chaudhuri, J.)