30.05.2024
C.R.M. (NDPS) 887 of 2024
pg/tkm/ct 8
sl no. 32
In Re : An application for bail under section 439 of the Code of Criminal
Procedure in connection with NCB Crime no. 08/NCB/KOL/2021 dated
under sections 21(c)/22(a)/29 of the NDPS Act
and
In Re : Ajgar Dalal ..… petitioner
Mr. Angsuman Chakrabory
Mr. S S Saha
…… for the petitioner
Mr. Anjan Sengupta
Mr. Tapan Bhanja
NCB
…… for the
1. Learned advocate for the petitioner submits that the
petitioner is in custody for three years and four months and out of
six witnesses so cited by the prosecution, three witnesses have
been examined and another three witnesses are yet to be
examined. Accordingly, learned advocate for the petitioner prays
for bail on any stringent condition.
2. Learned advocate for the Narcotics Control Bureau submits
that the prosecution has been trying their best to conclude the
trial within the period so fixed by the Division Bench in CRM
(NDPS) 1651 of 2023, we find that the said order of the Division
bench was passed on 10th October 2023 and since then seven
months have already been passed.
3. Having considered the prayer so advanced by the Narcotics
Control Bureau as well as the by the petitioner in the peculiar
circumstances of the present case, we direct that the Narcotics
Control Bureau /prosecution agency shall conclude the
prosecution evidence within a period of three moths from date.
2
4. Learned trial court is directed to fix the schedule consisting
of three dates and fix such schedule once in every month. Trial of
the case would continue in spite of any resolution of the local bar
and representing advocates will not deter the progress of the trial
in case any witness for the prosecution is present.
5. We direct that in spite of compliance of the aforesaid
conditions if the prosecution witnesses are not completed within a
period of three months form date, on an application for bail being
preferred by the present petitioner, learned trial court will be at
liberty to release the petitioner on bail on such terms and
conditions as it deems fit and proper.
6. With the aforesaid observations, CRM (NDPS) 887 of 2024 is
disposed of.
7. All parties shall act on the basis of a server copy of this
order duly downloaded from the official website of this court.
(Biswaroop Chowdhury, J.) (Tirthankar Ghosh, J.)