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2026 DAILYLAW 43433 (CAL)

SUBHO HALDER @ SUBHO HOWLADER v. STATE OF WEST BENGAL

CRR/2472/2023 · 2026-09-24

Ajay Kumar Gupta

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

24.09.2026 Sl.No. 4 Ct. 39 Srimanta IN THE HIGH COURT AT CALCUTTA CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE CRR 2472 of 2023 SUBHO HALDER @ SUBHO HOWLADER VS. THE STATE OF WEST BENGAL 1. None appears on behalf of either of the parties. 2. No accommodation has either been sought for. Even on earlier occasion on 21.09.2026, none represented the petitioner. 3. The instant case is pending since 2023. 4. Considering the nature of prayer and long pendency of this case, this Court prefers to dispose of this case on merits based on materials available on the record. 5. The brief facts of this case are essential for disposal of this case are that a suo motu written complaint was lodged by one Devender Singh, S.I., B. Coy, 158 B.N. BSF before the Officer-in-Charge, Gaighata Police Station alleging, inter alia, that on 13.04.2022 while 2 the BSF Party were engaged their duty near BP No. 17/7S/147-s , the complainant and his team apprehended one person, who disclosed his identity as Subho Halder @ Subho Howlader and from his possession 40 bottles phensedyl was recovered. He was arrested in connection with this case on 13.04.2022 and is in judicial custody. 6. After completion of the investigation, a charge- sheet being Charge-sheet No. 413/2022 dated 25.05.2022 has been filed against the present petitioner and in the said charge-sheet as many as six witnesses were proposed to examine during trial all of whom are Police personnel. Subsequently, after receipt of chemical report, supplementary charge-sheet was submitted on 17.10.2022 and, thereafter, two more Government official witnesses were added as a prosecution witness. Thus, in total eight witnesses are to be examined. Thereafter, charge was framed against the petitioner and several dates were fixed for production and evidence. Only one witness has been examined in the year 2023. Thereafter, several dates have been fixed but 3 no trial has been concluded. Accordingly, the petitioner filed this Revisional application praying for direction upon the Trial Court for expeditious disposal of N 54/2022 arising out of Gaighata Police Station Case No. 323/2022 dated 13.04.2022 under Section 21(C) of the NDPS Act, 1985 now pending before the learned Additional District and Sessions Judge, 6th Court, Barasat, North 24-Parganas. 7. Overall consideration of the above facts and circumstances, this Court finds the prayer for expeditious disposal is simple and innocuous. Such prayer can be allowed in the absence of the parties since the right of speedy trial derives from the Article 21 of the Constitution of India. There is no impediment in passing the order for expeditious disposal and none would prejudice if such order is passed by this Court for expeditious disposal. 8. Accordingly, CRR/2472/2023 is disposed of by directing the Trial Court to dispose of the case as expeditiously as possible without granting unnecessary adjournment to the parties and arrived at a logical conclusion 4 considering the docket of the concerned court, if not already disposed of. 9. Connected applications, if any, are also disposed of. 10. Interim order, if any, stands vacated. 11. Let a copy of this order be communicated to the learned Trial Court for information and necessary steps. 12. All parties are to act on the server copy of this order duly downloaded from the official website of the Calcutta High Court. 13. Urgent xerox certified copy, if applied for by the parties, same shall be supplied upon compliance of the necessary formalities. (Ajay Kumar Gupta, J.)