CIVIL APPEAL 1003 of2018 on 10 December 2018

Sr. 15

08-01-2021

s. d.

ct, no.42 CRR 1827 of 202o

Bachhu Biswas

-versus-

The State of West Bengal

In the matter of : An application under Section 482 read withSection 483 of the Code of Criminal Procedure filed on4[th] January, 2021 in connection with Case No. N—217/2018 arising out of Habra P. S. Case No. 1003 of2018 dated 10.12.2018 under Section 21(C) of theNarcotic Drugs and Psychotropic Substances Act, 1985pending before the learned Additional District andSessions Judge, 6[th] Court, Barasat, North 24 Parganas.Section 483 of the Code of Criminal Procedure filed on4[th] January, 2021 in connection with Case No. N—217/2018 arising out of Habra P. S. Case No. 1003 of2018 dated 10.12.2018 under Section 21(C) of theNarcotic Drugs and Psychotropic Substances Act, 1985pending before the learned Additional District andSessions Judge, 6[th] Court, Barasat, North 24 Parganas.

Mr. Angshuman Chakraborty Mr. S. S. Saha

…..for the petitioners.

Mr. Md. Anwar Hossain Ms. Sreyashee Biswas

….for the State.

The petitioner is aggrieved by the fact thatalthough he is in custody since 10.12.2018 yet, no witnesshas been examined by the prosecution before the learnedtrial court.

It has been submitted that the petitioner wasarrested on 10.12.2018, chargesheet was submitted on29.01.2019, supplementary charge-sheet was submitted on09.08.2019 and charge was framed on 05.11.2019.

It has further been brought to the notice of thecourt that the prosecution in order to prove its case hasrelied upon eight witnesses. In view of the fact that thepetitioner is in custody for more than 2 years, I am of theopinion that the learned trial court should fix regulardates/schedule for expeditious disposal of the case. Thelearned court, therefore, should fix dates once in every twomonths and the such dates should be fixed after the learnedPublic Prosecutor conducting the case assures the courtregarding the availability of the witnesses.

No unnecessary adjournment should be grantedto either of the parties and in case any witness is absentwithout any sufficient cause, the learned trial court would beat liberty to exhaust the harsher process of law.

All efforts must be taken by the learned trial courtto take the trial to its logical conclusion within a reasonableperiod of time keeping in mind the spirit of Article 21 of theConstitution of India.

With the aforesaid observations, CRR 1827 of 2020is disposed of.

Urgent Photostat certified copy of this order, ifapplied for, be given to the parties upon compliance of allformalities.

( Tirthankar Ghosh, J. )