Joydeb Das vs The State Of West Bengal And Anr
2023 Latest Caselaw 554 Cal

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


Present :
The Hon'ble Justice Bibek Chaudhuri

                              CRR 1401 of 2022

                                 Joydeb Das
                                      Vs.
                          The State of West Bengal and Anr.


      Mr. Sabyasachi Mukherjee
      Mr. Bibek Dey
      Mr. Mukesh Khanna
      Ms. Anamika Chatterjee
                 ..for the petitioner

      Mr. Imran Ali
      Ms. Debjani Sahu
                 ..for the State



Item No. 84.


Heard & Judgment on:          18.01.2023


Bibek Chaudhuri, J.

This is an application for a direction upon the trial Court

for expeditious disposal of NDPS Case No.101 of 2019 equivalent

to Sessions Trial No.08 (01) of 2022 under Section 20(b)(ii)(c) /

29 of Narcotic Drugs and Psychotropic Substances Act, 1985

pending before the learned Additional Sessions Judge, 4 th Court-

cum-Special Court under the NDPS Act at Alipore. It is

submitted on behalf of the petitioner that the petitioner was

arrested on 27th November, 2019 on the allegation that he was

in possession of narcotic substances above commercial quantity.

The police submitted charge sheet in the said case on 6 th March,

2020. Thereafter, the trial of the case commenced. Till date out

of 19 charge sheeted witnesses the trial Court only examined

three witnesses. Remaining 16 witnesses are yet to be

examined. Previously the accused filed a revisional application

on same prayer which was registered as CRR No.1560 of 2021.

A Co-ordinate Bench of this Court passed an order dated 23 rd

December, 2021 directing the trial Court to proceed with the

trial of the case and come to its logical conclusion within a

reasonable period of time. Unfortunately enough, no substantial

progress has been made even after the above direction made

by the Co-ordinate Bench in CRR 1560 of 2021. As 16 witnesses

are left out to be examined by the trial Court, the trial Court is

specifically directed to examine the remaining witnesses within

six months from the date of communication of this order and

come to a logical conclusion of this case within one month

thereafter. It is made clear that the above direction is

peremptory and if the learned trial Court fails to comply with the

said order, it will be open for the petitioner to take necessary

steps in accordance with law.

With the above direction, the instant revision is disposed

of.

The petitioner is at liberty to act on the server copy of this

order.

(Bibek Chaudhuri, J.)