Naresh Chandra Samaddar Alias ... vs The State Of West Bengal
2022 Latest Caselaw 3490 Cal

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

Present :
The Hon'ble Justice Bibek Chaudhuri


                         CRR 1979 of 2022

               Naresh Chandra Samaddar alias Nantu
                              -Vs.-
                    The State of West Bengal



For the petitioner: Soujanya Bandyopadhyay

For the State : Mrs. Sujata Das


Item No.17.



Heard & Judgment on:         23.06.2022


Bibek Chaudhuri, J.

The petitioner being an accused in a case under Section 20(C)

of NDPS Act has filed the instant revision for expeditious disposal of

the case pending before the learned Additional Sessions Judge, 6 th

Court at Barasat.

On perusal of the materials on record, this Court is of the view

that the instant revision can be disposed of with the assistance of the

learned P.P.-in-charge. Therefore, Mrs. Sujata Das, learned P.P.-in-

charge is requested to assist this Court in the instant matter.

The learned advocate for the petitioner has served a copy of the

application to Mrs. Das.

It appears from the materials on record that the petitioner was

arrested on 16th January, 2019 on the allegation of illegal possession

of narcotic substances beyond permissible limit. Charge sheet was

filed against the petitioner. Charge was framed against him on 19 th

November, 2019. Thereafter, trial could not be commenced for two

years during Covid pandemic. Subsequently, out of six charge sheeted

witnesses trial Court examined only two witnesses on 16 th and 17th

June, 2022 and subsequent dates were fixed on 23 rd and 26th

September, 2022 for examination of remaining witnesses. Attention is

drawn to the High Court by Calcutta Appellate Side Notification

No.4680-G dated 6th December, 2006 where the High Court framed

rule for trial Courts and appealed before sub-ordinate courts

mentioning time frame. In respect of criminal trial in the sub-ordinate

courts the said notification speaks of the following:-

III. CRIMINAL TRIALS IN THE SUBORDINATE COURTS.

(a) Criminal Trials should be classified on the basis of nature

of offences, sentence to be imposed and on consideration

of the fact whether the accused is on bail or in jail.

(b) (i) Cases involving Capital punishment or Imprisonment

for life, under the N.D.P.S. Act, under Sections 376, 395

and 397 of the Indian penal Code, relating to terrorism or

offences against the State enumerated in Chapter VI of

the Indian Penal Code and cases where any accused

being continuously in jail/Correctional Home for more than

three months is facing trial from the jail or Correctional

Home should be placed in Track 1.

(ii) Cases in which large number of persons are involved,

such as, cases of mass cheating, economic offences,

illicit liquor tragedy, food adulteration and the cases of

adulterated, spurious or misbranded drugs and the

cases under the Prevention of Corruption Act should be

placed in Track 2.

(iii) All other cases should be placed in Track 3.

(c) Endeavour should be made to complete the cases in Track 1

within 9 months, the cases in Track 2 within 12 months and the

cases in Track 3 within 15 months from the date of framing the

charge or taking the plea.

Thus, a case under NDPS Act falls within Track 1 Rule III (c)

says that the trial Court shall take all endeavour to complete the

cases in Track 2 within nine months.

Considering the pendency of the cases against the petitioner in

the trial Court, the learned trial Judge is directed to take all endavour

to conclude the examination of witnesses positively by the date fixed.

The above direction is peremptory. Thereafter, the petitioner shall be

examined under Section 313 of the Code of Criminal Procedure and

judgment shall be delivered by the trial Court within one week after

puja vacation.

Let a copy of this order be sent to the trial Court for strict

compliance.

Learned Registrar (Judicial Service), High Court, Calcutta is

requested to send a copy of this order along with a copy of High Court

Notification No.4680-G dated 6th December, 2006 to all the Judicial

Officers of the district judiciary through the respective learned District

Judges along with a copy of this order as a guideline to be followed by

the learned Judges in sub-ordinate Courts in the matter of disposal of

cases, both civil and criminal.

The criminal revision is, thus, disposed of.

(Bibek Chaudhuri, J.)