30.04.2024
Sl. No.15
akd
[Rejected]
C. R. M. (NDPS) 737 of 2024
In Re: An application for bail under Section 439 of the Code of Criminal
Procedure filed on 22.04.2024 in connection with Raninagar Police
Station Case No.69 of 2022 dated 23.02.2022 under Section 21(c) of
the NDPS Act. (NDPS Case No.64 of 2022)
And
In Re: Bellal Sk. @ Billal Sk.
… … Petitioner
Ms. Shabana Hasin
Ms. Samima Akter Banu
Ms. Neha Roy
… … for the petitioner
Mr. Atif Ahmed Siddiqui
… … for the State
1. It is submitted on behalf of the petitioner that he is in custody for
more than two years. It is further submitted there is inordinate delay
in trial. Accordingly, he prays for bail.
2. Learned Advocate for the State opposes the prayer for bail and
submits delay was due to absence of the Presiding Officer. Two
witnesses have been examined.
3. We have considered the materials on record. Statements of
witnesses including contemporaneous document i.e. seizure memo
disclose recovery of narcotic substance i.e. 250 bottles of phensedyl
syrup, which is above commercial quantity from the petitioner. Trial
is in progress. Two witnesses have been examined. Prosecution
assures this court trial shall be concluded within one year from the
next date fixed for recording evidence subject to cooperation by the
defence and systemic delays. Under such circumstances and in
view of the statutory restrictions under Section 37 of the NDPS Act,
we are not inclined to grant bail to the petitioner.
Signed By :
ARUP KUMAR
DAS
High Court of
Calcutta
1 st of May 2024
04:53:54 PM
2
4. The application for bail is thus rejected.
5. Trial court is directed to expedite the trial in the light of the
assurance given by the prosecution. Parties shall cooperate with the
trial court in this regard.
6. Parties shall communicate a copy of this order to the trial court for
due compliance.
(Gaurang Kanth, J.) (Joymalya Bagchi, J.)
Signed By :
ARUP KUMAR
DAS
High Court of
Calcutta
1 st of May 2024
04:53:54 PM