Daya Sankar Tiwari @ Sankar Tiwari vs The State Of West Bengal
2023 Latest Caselaw 2406 Cal

Form J(1)
               IN THE HIGH COURT AT CALCUTTA
                 Criminal Revisional Jurisdiction
                          Appellate Side

PRESENT:

The Hon'ble Justice Bibek Chaudhuri

                            CRR 2949 of 2022

                 Daya Sankar Tiwari @ Sankar Tiwari
                                 vs.
                      The State of West Bengal

For the Appellant         : Mr. Arunava Ganguly


Judgment on               : 10.04.2023

Bibek Chaudhuri, J.

The accused in custody is facing trial under the charge of Section

21(C) of the Narcotic Drugs and Psychotropic Substances Act. The

petitioner has prayed for expeditious disposal of the criminal case

instituted against him.

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

of with the assistance of the learned Public Prosecutor-in-Charge.

Ms. Puspita Saha, learned advocate is requested to assist the Court

on behalf of the prosecution. Appointment of Ms. Puspita Saha be

regularised by the learned Legal Remembrancer, Government of West

Bengal.

It is submitted on behalf of the petitioner that he was arrested on

16th July, 2020 on the allegation that he was possessing codeine mixture

above commercial quantity. After submission of charge-sheet, the Trial

Court framed charge against the accused on 17th November, 2021.

However, till date not a single witness has been examined. It is found

from the certified copy of the order-sheet that the learned Trial Judge

went on fixing dates mechanically for examination of the witnesses

without taking any proactive approach for production of witnesses on

behalf of the prosecution.

Therefore, learned Trial Judge is directed to take proactive

approach and stimulate learned Public Prosecutor so that the witnesses

on behalf of the prosecution may be produced before the Trial Court on

the next date of hearing positively. He is further directed to conclude

hearing of the case within eight months from the date of communication

of this order.

The instant revision is disposed of with the above direction.

The parties are at liberty to act on the server copy of the order.

(Bibek Chaudhuri, J.)

s.biswas,A.R.(Ct.) Item No.85