This order in a revision application directed the trial court to conclude the criminal proceedings against an accused in custody expeditiously, ideally within one year, citing justice considerations.
Direction to the Trial Court to conclude proceedings expeditiously within one year 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.
166 18.03.2021
CRR 626 of 2021
NB
Ct. No. 32
In the matter of:- Rakesh Adhikary @ Rakesh Adhikari …petitioner
Mr. Dipayan Kundu …for the petitioner.
Mr. Anwar Hossain, Ms. Manisha Sharma. …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 Narcotic Drugs and Psychotropic Substances Act.
Affidavit of service filed on behalf of the petitioner is taken on
record.
Despite service, no one appears on behalf of the State.
Let a copy of this application be served upon Mr. Anwar Hossain and Ms. Manisha Sharma, learned Counsels who ordinarily appear on behalf of the State and who are present in Court today. Their engagement may be regularised by the competent authority of the State in due course.
Learned Counsel appearing on behalf of the petitioner submits as follows. The petitioner is an accused in this case and he is in custody since the date of his arrest i.e. 11.01.2019. Although the case was started in January, 2019, till date the proceeding has not been concluded. Charge sheet was submitted on 28.02.2019. Although charges were framed on 5th January, 2021, till date no witnesses could be examined. There are about seven prosecution witnesses mentioned in the charge sheet. The matter has remained pending for no fault on the part of the present petitioner.
Learned Counsel appearing on behalf of the State submits that in view of the fact that the petitioner is in custody since the date of his arrest, a direction may be passed to expedite the proceeding.
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 some delay was occasioned in concluding the impugned proceeding, especially considering the fact that the petitioner is in custody since 11.01.2019.
In view of the above and in the interest of justice, I request the learned Trial Court to conclude the proceeding 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 this order may be supplied to the parties expeditiously, if applied for.
(Jay Sengupta, J.)
2 issues framed by the court
Whether the trial court should be directed to conclude the proceedings expeditiously in a case where the accused remains in custody since arrest in 2019.
Whether expedited disposal of NPS Act proceedings is required in interest of justice where delay is not fault of the accused.
1 provisions across 1 enactments
Rakesh Adhikary @ Rakesh Adhikari
The State
Jay Sengupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
