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Monojit Das @ Monojit @Jhanta @ Jhantu v. State of West Bengal

Calcutta HC16 Apr 2021CRR/690/2021

Case brief

AI extract

What is this about?

This revision petition under Section 482 Cr.P.C. sought expeditious disposal of an N.D.P.S. case pending before a Special Court. The High Court directed the trial court to utilize scheduled dates effectively and consider preponement requests to conclude the trial within a reasonable period.

What did the court decide?

Direction to the lower court to ensure expeditious disposal by utilizing scheduled dates and considering preponement applications under Section 309 Cr.P.C.

Monojit Das @ Monojit @Jhanta @ Jhantu Vs State of West… — Narcotics (NDPS) | Calcutta HC (2021)

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16.04.2021 Item No.6 Ct. No.42 CHC

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C.R.R. No.690 of 2021

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(Through Video Conference)

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In Re: An application under Section 482 of the Code of Criminal Procedure, 1973.

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In the matter of:-

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Mr. Debayan Ghosh, Mr. Koustav Bagchi ... for the petitioner in virtual mode

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Mr. Arijit Ganguly,

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Mr. Sanjib Kumar Dan

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The Court is approached under Section 482 of the Code of Criminal Procedure soliciting a direction to ensure expeditious disposal of N.D.P.S. Case No. N 10 of 2020, under Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act, now pending before the Learned Additional District and Sessions Judge, 1^st Court at Barrackpore, being the Special Court under N.D.P.S. Act, North 24 Parganas.

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The prime grievance of the petitioner is the fixation of dates after a long interval for the collection of evidence of witnesses in the instant case against the petitioner, who is admittedly in custody.

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Mr. Arijit Ganguly, learned Junior Government Advocate is present in Court.

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The copy of the revisional application has not been served upon the State.

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Since a direction to ensure expeditious disposal is the only prayer involved in this case, the Court is of the view that the instant revisional application may be disposed of immediately upon serving copy of the application to Mr. Ganguly for perfect address of the issue involved in this case.

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After perusal of the materials in record, Mr. Ganguly submits that in this case, learned court below has already framed charge against the petitioner marking commencement of the trial and thereafter fixed dates for collection of evidence bearing in mind the congestion of similar nature of cases pending in his court.

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Having considered the submission of both sides, the Court is of the view that the instant revisional application may be disposed of, so as to subserve the purpose of justice, giving direction mentioned as hereunder.

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Learned court below is directed to ensure expeditious disposal of this case making effective utilization of the dates so far scheduled, and if necessary, upon resorting to all such, and all other incidental steps available under Section 309 Cr.P.C. so that logical conclusion of this case may be reached within a reasonable period of time.

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Liberty is however, given to make an application for preponement of the date, and if any such application is made, the

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same shall be considered depending upon the congestion of similar nature of cases pending in the learned court below.

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With this direction/observation, the instant revisional application stands disposed of.

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All parties shall act in terms of copy of this order downloaded from the official website of this Court.

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Urgent Xerox certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.

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(Subhasis Dasgupta, J.)

Monojit Das @ Monojit @Jhanta @ Jhantu v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Monojit Das @ Monojit @Jhanta @ Jhantu v. State of West Bengal

Case brief

What is this about?

What did the court decide?

What the court decided

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