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Abbas Mondal @ Babu v. State of West Bengal and Ors.

Calcutta HC13 Apr 2021CRR/909/2021

Case brief

AI extract

What is this about?

The Court granted a petition under Section 482 Cr.P.C. seeking expeditious disposal of an N.D.P.S. case. It ordered the lower court to frame charges within one month of a scheduled date or resort to Section 309 Cr.P.C., leaving any preponement application to the lower court's discretion. The revision was disposed of.

What did the court decide?

Direction to the lower court to frame charges within one month of the scheduled date peremptorily, with recall to the provision under Section 309 Cr.P.C.

Abbas Mondal @ Babu Vs State of West Bengal and Ors. — Narcotics (NDPS) | Calcutta HC (2021)

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13.04.2021 Item No.39 Ct. No.42 CHC

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C.R.R. No.909 of 2021

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(Physical Hearing)

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

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In the matter of:-

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Abbas Mondal alias Babu

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…..petitioner

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Mr. Shashanka Shekhar Saha

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... for the petitioner

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Mr. Madhusudan Sur, Ld. A.P.P. Mr. Dipankar Paramanick … 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 N.D.P.S. Case No.N 61/2020, under Section 21(C) of N.D.P.S. Act, now pending before Learned Additional District and Sessions Judge, 6^th Court, Barasat, North 24 Parganas.

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Having considered the submission of learned advocate for the petitioner raising the grievance for delay caused in the commencement of the trial in spite of accused remaining in custody, for the alleged recovery of the contraband, above the commercial quantity, requiring expeditious disposal, and the counter submission of learned advocate representing the State transpiring the progress of the case, the Court is of the view that the instant revisional application may be disposed of so as to

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subserve the purpose of justice, as proposed to be obtained, giving a direction mentioned a hereunder.

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Learned court below is directed to consider the charge either on the date so scheduled, or if for any reason whatsoever the same could not be done, the charge may be framed within one month thereafter peremptorily, providing sufficient opportunity of hearing to either of the parties to this case with an aim to ensure expeditious disposal, and if necessary upon resorting to steps available under Section 309 Cr.P.C. If any application for preponement of the date is filed by the petitioner upon notice to the learned Prosecutor, the same is left to be decided by the learned court below keeping in view the congestion of similar type of cases placed in the board of 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.)

Abbas Mondal @ Babu v. State of West Bengal and Ors.

Case brief

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Abbas Mondal @ Babu v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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