Rabi Das & Ors vs The State Of West Bengal
2022 Latest Caselaw 7279 Cal

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

                      C.R.R. 2395 of 2022

                         Rabi Das & Ors.
                               Vs.
                  The State of West Bengal
For the petitioners : Mr. Sudip Ghosh Chowdhury, Adv
                      Mr. Avijigt Majumdar, Adv.
                      Mr. Argha Das, Adv.

For the State         : Mr. Ranabir Roy Chowdhury, Adv.
                        Mr. Ashok Das, Adv.

Heard on                    : 31.10.2022.

Judgment On                 : 31.10.2022.

Bibek Chaudhuri, J.

Leave is granted to make necessary correction of Chinsurah

Police Station Case number in the cause title of the instant

application.

This is an application for expeditious disposal of Chinsurah

Police Station Case No.231 of 2021 dated 30 th May, 2021 under

Sections 21(c )/29 N.D.P.S. Act read with Section 379 of the Indian

Penal Code and Sections 25/27/35 of the Arms Act.

It is submitted by the learned Advocate for the petitioners that

in respect of the above-mentioned case, charge-sheet was submitted

before the Special Court on 23 rd November, 2021. The accused

persons appeared before the Trial Court to face trial. However, till

date charge has not been framed.

It is also submitted by the learned Advocate for the petitioners

that the Investigating Officer submitted Chemical Examination Report

and filed supplementary charge-sheet. Therefore, there is no

predicament to proceed with the trial of the case. But the learned

Special Judge has not even fixed the date for consideration of charge

as yet.

Considering the prayer made on behalf of the petitioners, this

Court is of the view that the instant revision can be disposed of here

and now with the assistance of the learned Public Prosecutor-in-

Charge.

Therefore, Mr. Ranabir Roy Chowdhury is requested to assist

this Court as Public Prosecutor-in-Charge.

The learned Advocate for the petitioner has already served a

copy of the instant application.

Appointment of Mr. Roy Chowdhury be regularized by the

learned Legal Remembrancer, Government of West Bengal.

Having heard the learned Counsels for the petitioners and the

State, I have duly considered the fact that NDPS Case No.16/2021

pending before the Additional Sessions Judge Cum Judge Special

Court, (NDPS), Hooghly is at present ready for trial and disposal.

Under such circumstance, the learned Trial Judge is requested to

hear out the matter on the question of consideration of charge on the

next date fixed, if the accused persons/petitioners are produced

before the Trial Court.

The learned Trial Judge shall then fix a specific schedule for

examination of the witnesses as per the charge-sheet so that the case

may be disposed of expeditiously.

Accordingly, CRR 2395 of 2022 is, thus, disposed of.

(Bibek Chaudhuri, J.)

Item No.6.

Mithun. A.R.(Ct.)