Disposed

Tanmoy Biswas v. State of West Bengal

Calcutta HC2 Feb 2022CRR/274/2022

Case brief

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What is this about?

In a revisional application regarding a delay in Narcotic Drugs and Psychotropic Substances Act proceedings where the accused was in custody, the High Court directed the trial court to conclude the trial expeditiously, preferably within eight months, without unnecessary adjournments.

What did the court decide?

Direction to the trial court to conclude the proceeding expeditiously within eight months without unnecessary adjournments.

Tanmoy Biswas Vs State of West Bengal — Narcotics (NDPS) | Calcutta HC (2022)

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Court No. 39 Item 49 tbsr 02.02. 2022

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(Via Video Conference)

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CRR 274 of 2022

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In the matter of:- Tanmoy Biswas

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Ms. Malayshree Ghosh …..for the petitioner Mr. S.G. Mukherjee, Ld. P.P. Mr. Imran Ali, Mr. Kutub Uddin …..for the State

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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.

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Let a copy of this application be served upon Mr. Imran Ali and Mr. Kutub Uddin, learned counsels, who are present in court today and who ordinarily appear on behalf of the State. Their engagement may be regularised in due course by the competent authority of the State.

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Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is an accused in this case. He is in custody since 27.09.2020, the date on which the FIR was registered. A Charge sheet was submitted in 2020 and a supplementary charge sheet was also submitted in 2021. The prosecution proposes to be examined 8 witnesses in this case. On 13.12.2021 charges were framed. Yet, till date no witness could be examined. The proceeding has remained pending for no fault of the present petitioner.

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Learned counsel for the State submits that the State would not come in the way if a direction is passed to expedite the trial.

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I have heard submissions of the learned counsels appearing on behalf of the petitioner and the State and have perused the revision petition.

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It appears that an inordinate delay has been occasioned in concluding the proceeding, especially considering the fact that the petitioner is in custody since 27.09.2020.

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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 eight months from the resumption of normal functioning of the court.

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With these observations, the revisional application is disposed of

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Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.

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(Jay Sengupta, J.)

Tanmoy Biswas v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Tanmoy Biswas v. State of West Bengal

Case brief

What is this about?

What did the court decide?

What the court decided

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