Calcutta High Court (Appellete Side)
Mohitosh Halder @ Chor Babu vs The State Of West Bengal on 23 June, 2022
IN THE HIGH COURT AT CALCUTTA
CRIMINAL REVISIOANL JURISDICTION
APPELLATE SIDE
The Hon'ble JUSTICE BIBEK CHAUDHURI
CRR 1990 of 2022
Mohitosh Halder @ Chor Babu
-Vs-
The State of West Bengal
For the petitioner: Mr. Mrityunjoy Chatterjee, Adv.,
Mr. Debapriya Majumder, Adv.
For the State:- Ms. Faria Hossain, Adv.,
Ms. Mamata Jana, Adv.
Heard on: 23rd June, 2022.
Judgment on: 23rd June, 2022.
BIBEK CHAUDHURI, J. : -
1.
Petitioner is the accused in NDPS Case No.51 of 2020 arising out of
Basirhat Police Station Case No.240 of 2020 dated 17 th February, 2020
under Section 21(C) of the Narcotic Drugs and Psychotropic Substances
Act, 1985 presently pending before the learned Additional District and
Sessions Judge 6th Court, Barasat, North 24 Parganas.
2. The petitioner has filed the instant revision praying for expeditious
disposal of the NDPs instituted against him.
3. On perusal of the application under Section 482 of the Cr.P.C and
considering the prayer made by the petitioner, this Court is of the view
that the revisional application can be disposed of here and now in
presence of the learned Advocate for the state.
4. Ms. Mamata Jana, learned P.P-in-Charge is requested to represent
the State of West Bengal in the instant case. Copy of the revisional
application is served upon the learned P.P-in-Charge.
5. The legal remembrancer, Government of West Bengal is requested
to regularize the appointment of Ms. Mamata Jana.
6. It is submitted by the learned Advocate for the petitioner that the
petitioner was arrested on 17 th February, 2020 since then he is in custody
for more than two years. In case No.N51 of 2020 charge was framed
against the petitioner on 29th September, 2021. Thereafter, the trial court
fixed 22nd February, 2022 for examination of the witnesses but only one
witness was examined. Subsequently on the next date fixed on 30 th & 31st
May, 2022 but only PW2 was examined. Despite order of this Court dated
3rd November, 2021 in CRM 6988 of 2021 for expeditious hearing the next
date of evidence is fixed on 3rd & 5th September, 2022.
7. It is further submitted by the learned Advocate for the petitioner
that the prosecution is not at all serious for speedy disposal of the case.
Therefore, necessary direction may be issued upon the court below for
expeditious disposal.
8. It is needless to say that in respect of "Case Flow Management", the
High Court has issued a notification bearing No.4860 dated 6 th December,
2006 in the said notification NDPS case is listed as Track 1 case and trial
court is directed to dispose of NDPS case within nine months from the
date of submission of charge-sheet. The learned trial judge failed to take
recourse of speedy disposal of the case and thereby violated the High
Court notification No.4860 dated 6th December, 2006.
9. In view of such circumstances, the trial court is directed to
positively conclude examination of witnesses by December, 2022 and
disposed of the case by January, 2023.
10. The instant criminal revision is thus disposed of with the above
direction.
11. The learned Advocate for the petitioner is at liberty to communicate
this order to the trial court and the trial court is directed to act upon the
server copy of the order.
(Bibek Chaudhuri, J.)
