Calcutta High Court (Appellete Side)
Sirajul Mondal vs The State Of West Bengal on 9 January, 2023
IN THE HIGH COURT AT CALCUTTA
CRIMINAL REVISIONAL JURISDICTION
APPELLATE SIDE
The Hon'ble JUSTICE BIBEK CHAUDHURI
CRR 3083 of 2022
Sirajul Mondal
-Vs-
The State of West Bengal
For the petitioner: Mr. Gourab Kumar Nath, Adv
Ms. Tanaya Das, Adv.,
For the State: Mr. Swapan Banerjee, Adv.,
Mr. Suman De, Adv
Heard on: 9th January, 2023.
Judgment on: 9th January, 2023.
BIBEK CHAUDHURI, J. : -
1.
This is an application for expeditious disposal of N case no. 208 of
2019 filed by the petitioner/accused person in custody arising out of
Deganga Police Station Case no. 669 of 2019 dated 13th November, 2019
under Section 21(C)/29 of the Narcotics Drugs and Psychotropic
Substances Act, 1984 presently pending before the Learned Additional
Sessions Judge, 6th Court at Barasat.
2. On perusal of the instant application and the materials on record,
this court is of the view that the instant application can be disposed of
with the assistance of the learned public prosecutor-in-charge on behalf
of the State. Therefore Mr. Swapan Banerjee and Mr. Suman De learned
advocates are requested to assist this court on behalf of the state.
Appointment of Mr. Swapan Banerjee and Mr. Suman De be regularized
by the learned Legal Remembrancer, Government of West Bengal.
3. It is submitted by the learned advocate for the petitioner that the
petitioner was arrested on 13th November, 2019 on the allegation of
committing offence under Section 21(C)/29 of the Narcotics Drugs and
Psychotropic Substances Act, 1984. Since then, he is in custody. After
completion of investigation Chargesheet was submitted being no. 675 of
2020 dated 11th January, 2020 under Section 21(C)/29 of the NDPS Act.
Thereafter supplementary chargesheet was submitted on 9th January,
2019 with chemical report. Thereafter charge was framed on 23rd August,
2021 and next date was fixed on 15th December, 2021 and 16th December,
2021 for production and evidence. Out of 8 witnesses only two witnesses
has been examined and next date was fixed on 13th September, 2022 and
14th September, 2022 for production and evidence.
4. 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.
5. It is needless to say that in respect of "Case Flow Management", the
High Court has issued a notification bearing No.4680 G dated 6th
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.4680 G dated 6th December, 2006.
6. In view of such circumstances, the trial court is directed to
positively conclude examination of witnesses within six months from the
date of communication of this order and deliver judgment within one
month thereafter.
7. The instant criminal revision is thus disposed of with the above
direction
8. 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.)
