Md Monirul Islam vs The State Of West Bengal
2023 Latest Caselaw 224 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. 2772 of 2022
                        Md Monirul Islam
                               Vs.
                    The State of West Bengal

For the petitioners    : Mr.Gourab Kumar Nath, Adv.

Heard on               : 09.01.2023

Judgment On            : 09.01.2023.


Bibek Chaudhuri, J.

This is an application for a direction of expeditious disposal of a

case bearing No.N-4/2018 arising out of Swarupnagar Police Station

Case No.940 of 2017 dated 24th December, 2017 under Sections 21(c)

of the Narcotic Drugs and Psychotropic Substances Act presently

pending before the learned Additional Sessions Judge, 6 th Court at

Barasat.

It is submitted on behalf of the petitioner that petitioner was

arrested on 24th December, 2017 with the allegation that he was

possessing narcotic substance with commercial quantity.

After investigation police submitted charge-sheet on 17th

December, 2018 and subsequently supplementary charge-sheet along

with the chemical examination report was filed on 31 st May, 2019.

The Trial Court framed charge against the accused under Section 21

( c) of the Narcotic Drugs and Psychotropic Substances Act on 29 th

November, 2019. Subsequently more than 2 years have elapsed but

prosecution failed to examine any witness in the meantime. As per

the charge-sheet, there are 10 witnesses to be examined.

Having heard the learned Advocate for the petitioner, this Court

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

now.

It is a matter of fact that since March, 2020 to March,

2022,normal functioning of the Court could not be commenced due to

Covid pandemic. However, the Trial Court is under obligation to take

special care of cases where the accused persons are languishing in

judicial custody for more than 5 years and waiting for trial.

Under such circumstances, learned Special Judge is directed to

fix a specific schedule within one month from the date of

communication of this order and examine 10 charge-sheeted

witnesses within four months thereafter.

The learned Special Judge is also directed to come to a logical

conclusion of the case within one month thereafter.

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

(Bibek Chaudhuri, J.)

Mithun De/ A.R. (Ct).

Sl No.20.

D/L.