Calcutta High Court (Appellete Side)
Kousik Biswas vs The State Of West Bengal on 16 January, 2023
IN THE HIGH COURT AT CALCUTTA
CRIMINAL REVISIONAL JURISDICTION
APPELLATE SIDE
The Hon'ble JUSTICE BIBEK CHAUDHURI
CRR 2505 of 2022
Kousik Biswas
-Vs-
The State of West Bengal
For the petitioner: Mr. Angshuman Chakraborty, Adv
Mr. Shashanka Shekhar Saha, Adv.
For the State: Ms. Mamata Jana, Adv.,
Heard on: 16th January, 2023.
Judgment on: 16th January, 2023.
BIBEK CHAUDHURI, J. : -
1.
This is an application for expeditious disposal of N case no. 55 of
2021 filed by the petitioner/accused person in custody arising out of
Gaighata Police Station Case no. 317 of 2021 dated 13th April, 2021 under
Section 21(C) 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 Ms. Mamata Jana learned advocate is requested to
assist this court on behalf of the state. Appointment of Ms. Mamata Jana
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 April, 2021 on the allegation of committing
offence under Section 21(C) of the Narcotics Drugs and Psychotropic
Substances Act, 1984. Since then, he is in custody. After completion of
investigation Chargesheet was submitted on 31st August, 2021 proposing
7 witnesses to be examined, all of whom are police personnel. Thereafter
supplementary charge-sheet was submitted on 4th January, 2022 adding
2 more witnesses and on 29th March, 2022 charge was framed. The next
date was fixed on 29th June, 2022 for production and evidence. Out of 9
witnesses only two witnesses has been examined and next date was fixed
on 27th September, 2022 and 28th 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.)
