Citation : 2023 Latest Caselaw 548 Cal
Judgement Date : 18 January, 2023
IN THE HIGH COURT AT CALCUTTA
CRIMINAL REVISIONAL JURISDICTION
APPELLATE SIDE
The Hon'ble JUSTICE BIBEK CHAUDHURI
CRR 4724 of 2022
Nikit Singh
-Vs-
The State of West Bengal
For the petitioner: Mr. Dipayan Kundu, Adv
Mr. Arunava Ganguly, Adv.
For the State: Mr. Saryati Dutta, Adv.,
Heard on: 18th January, 2023.
Judgment on: 18th January, 2023.
BIBEK CHAUDHURI, J. : -
1.
This is an application for expeditious disposal of N case no. 51 of
2020 filed by the petitioner/accused person in custody arising out of
Chandannagore Police Station Case no. 102 of 2020 dated 1st October,
2020 under Section 21(C) of the Narcotics Drugs and Psychotropic
Substances Act, 1984 presently pending before the Learned Additional
Sessions Judge cum Judge Special Court, Hooghly.
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. Saryati Dutta learned advocate is requested to
assist this court on behalf of the state. Appointment of Mr. Saryati Dutta
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 1st October, 2020 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 and supplementary chargesheet
was submitted on 1st March, 2021. Thereafter on 11th April, 2022 charge
was framed against the petitioner under section 21(c) of the NDPS Act and
next date was fixed on 14th, 15th and 16th November, 2022 for production
and evidence. Several adjournments have been granted and next date has
been fixed on 9th, 10th and 13th March, 2023.
4. 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.
5. 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.
6. The instant criminal revision is thus disposed of with the above
direction
7. 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.)
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