Dismissed

Ashim Barman @ Napu and Anr. v. State of West Bengal

Calcutta HC4 Mar 2021CRR/510/2021

Case brief

AI extract

What is this about?

Criminal Revision application filed for expeditious disposal of a pending NDPS case. The court directed the Special Court to effectively utilize scheduled dates, minimize adjournments, and utilize incidental powers under Section 309 Cr.P.C. to ensure speedy trial.

What did the court decide?

Direction to Special Court to effectively utilize scheduled dates and ensure expeditious disposal without unnecessary adjournments.

Ashim Barman @ Napu and Anr. Vs State of West Bengal — Calcutta HC (2021) — LawSathi Research

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4.3.2021 ks. Ct. 42, sl.12

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CRR 510 of 2021

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Ashim Barman @ Napu & Anr. vs State of West Bengal.

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Mr. Sudip Ghosh Chowdhury, Mr. Argha Das, Mr. Abhishak Bose … For Petitioners. Mr. S.G. Mukherjee, ld. P.P., Mr. Arijit Ganguly … For the State.

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The court is approached under Section 482 Cr.P.C. soliciting a direction to ensure expeditious disposal of a NDPS case being No.44/2019 now pending before the learned Judge, Special Court, Hooghly.

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The only contention raised by the petitioner is that since the accused is in custody, the case of the accused person should be expeditiously disposed of.

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Adverting to a copy of the order dated 20^th January, 2021, learned Advocate for the petitioner submits that court has already framed charge against the petitioner and thereafter scheduled dates for collection of the evidence, which needs to be effectively utilized in the interest of ensuring expeditious disposal within a reasonable period of time.

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Mr. Ganguly, learned Advocate representing the State submits that when the court has already scheduled dates after framing charge keeping in mind that the accused person is in custody, there is nothing left to be interfered with at this stage in the interest of ensuring expeditious disposal of the case.

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Having considered the rival submission of the parties, the court is of the view that the instant revisional application may be disposed of, so as to sub-surve the purpose of justice giving direction mentioned hereunder.

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Learned court below is directed to make effective utilization of the dates so far scheduled, aiming at ensuring expeditious disposal, taking support and co-operation from either of the parties to this case, and resort to all other incidental steps as available under Section 309 Cr.P.C., without granting unnecessary adjournment, unless it is extremely unavoidable. While making such exercise, the learned court below is advised to give short dates to the extent possible, while scheduling dates, subject to congestion of similar nature of cases pending in his court.

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With the above direction and observation, the instant revisional application stands disposed of.

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Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all formalities.

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(Subhasis Dasgupta, J.)

Ashim Barman @ Napu and Anr. v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Ashim Barman @ Napu and Anr. v. State of West Bengal

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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