Revisional application for expeditious disposal of NDPS proceedings pending since 2018. Bench directed trial court to conclude trial within one year without unnecessary adjournments.
Direction to the learned trial court to conclude the trial as expeditiously as possible within one year from the next date of hearing without unnecessary adjournments.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
15.02.2021 Ct. No. 32 Sdas 82
C.R.R. 403 of 2021
In the matter of: Ananda Biswas ….petitioner. Mr. Anindya Ghosh …for the petitioner. Mr. Bidyut Ray, Ms. Debjani Sahu …for the State.
This is an application seeking an expeditious disposal of a proceeding in which a charge sheet was submitted under Section 21(C) of the NDPS Act.
A copy of the application is served upon Mr. Ray and Ms. Sahu, learned advocates who are present in Court and who ordinarily appear on behalf of the State. They are requested to appear in the matter. Their engagement be regularised by the competent authority of the State.
Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is an accused in this case. He is in custody since his date of arrest i.e. 05.11.2018. Although charges were framed as far back as on 26.11.2019, till date no witness has been examined. The proceeding has largely remained pending for no fault of the present petitioner. The impugned proceeding ought to be expedited in the interest of justice.
2
I have heard the submissions of the learned counsels appearing on behalf of the petitioner and the State and have perused the revision petition.
It appears that the some delay has been occasioned in concluding the impugned proceeding, especially considering the custody of the petitioner since 05.11.2018.
In view of the above and in the interest of justice, I request the learned trial court to conclude the trial as expeditiously as possible without granting any unnecessary adjournment to any of the parties, preferably within a period of one year from the next date of hearing.
With these observations, the revisional application is disposed of.
Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.
(Jay Sengupta, J.)
1 issue framed by the court
Whether the trial should be expedited and concluded within one year due to the petitioner's prolonged custody and lack of witness examination since charges were framed.
Ananda Biswas
The State
Jay Sengupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
