Ashish Das vs The State Of West Bengal
2023 Latest Caselaw 2388 Cal

Form J(1)         IN THE HIGH COURT AT CALCUTTA
                     Criminal Revisional Jurisdiction
                               Appellate Side
Present :
The Hon'ble Justice Bibek Chaudhuri

                           C.R.R. 473 of 2023
                            Ashish Das
                                Vs.
                     The State of West Bengal
For the petitioner      :    Mr. Arunava Ganguly, Adv.
For the State          :     Ms. Sonali Das, Adv.
Heard on                : 10.04.2023.

Judgment On             : 10.04.2023.
Bibek Chaudhuri, J.

This is an application for a direction upon the Trial Court for

disposal of the NDPS Case No.12 of 2020 pending before the

Additional Sessions Judge-cum-learned Special Judge, Hooghly.

It is submitted on behalf of the petitioner that the petitioner

was arrested with Codeine Mixture of commercial quantity on 26 th

February, 2020. Thereafter, police submitted charge-sheet on 19 th

August, 2020 and the Trial Judge framed charge against the accused

on 25th February, 2021. Thereafter, the case is fixed for trial but out

of 12 witnesses, only one witness has been examined till date.

Considering the averment made in the instant petition and the

prayer made on behalf of the petitioner, this Court is of the opinion

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

Sonali Das, learned Public Prosecutor-in-Charge on behalf of the

State. Appointment of Ms. Das be regularized through the learned

Legal Remembrancer, Government of West Bengal.

It is ascertained from the submission made by the petitioner as

well as the certified copies of the order-sheet of the above-mentioned

NDPS Case that though charge was framed on 25 th February, 2021

within the span of more than one year, one witness out of 12 charge-

sheeted witnesses have been examined.

The learned Trial Judge must take proactive step and stimulate

the learned Public Prosecutor-in-Charge to produce the witnesses on

behalf of the prosecution.

At the end of the day it is the duty of the Prosecutor to produce

the witnesses. If the Prosecutor does not take proper step for

production of witnesses, the case will be automatically kept pending.

For the reasons stated above, the instant revision is disposed of

directing the learned Trial Judge to take expeditious step for disposal

of the above-mentioned NDPS case at an early date.

The instant revision is, accordingly, disposed of.

Petitioner is at liberty to act on the server copy of the order.

(Bibek Chaudhuri, J.)

Mithun De/

A.R. (Ct).

Sl No.90.

D/L.