Single judge disposed of a revision application seeking expeditious disposal of pending trial proceedings involving the petitioner, an accused in custody under the NDPS Act, directing the Trial Court to conclude them within one year.
Direction to the Trial Court to conclude proceedings within one year.
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09.03.2022 54 AB Ct. No.39
CRR 698 of 2022
In the matter of : Saddam Sardar
Mr. Abhijit Chakraborty … for the petitioner Mr. Imran Ali Mrs. Manisha Sharma …. for the State
This is an application seeking an expeditious disposal of a proceeding in which charge has been framed under Section 21(C) of the NDPS Act..
Mr. Imran Ali and Mrs. Manisha Sharma, learned counsels, who ordinarily appear on behalf of the State are requested to appear in this matter. 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. F.I.R. was lodged in 2019. In September, 2020 a charge sheet was submitted. The prosecution proposes to examine eight witnesses in this case. In 2021 charge was framed. Yet, till date impugned proceeding has remained pending for no fault on the part of the petitioner.
Learned counsel appearing on behalf of the State submits that the State would not come in the way if a direction is passed for an expeditious disposal of the proceeding.
I have heard the submissions of the learned counsels appearing for the petitioner and the State and have perused the revision petition.
It appears that some delay has been occasioned in this case, especially considering the fact that the petitioner is in custody since 10.12.2019.
In view of the above and in the interest of justice, the learned Trial Court is requested to conclude the proceeding as expeditiously as possible without granting any unnecessary adjournment to any of the parties and by employing all coercive measures to secure the attendance of the accused, 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, if applied for, be given to the parties, upon completion of requisite formalities.
(Jay Sengupta, J.)
Saddam Sardar
The State
Jay Sengupta
As recorded by the court registry
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