30.05.2024
C.R.M. (NDPS) 890 of 2024
pg/tkm/ct 8
sl no. 34
In Re : An application for bail under section 439 of the Code of Criminal
Procedure in connection with Titagarh PS Case no. 38 of 2022 dated
15.1.2022 under sections 21(c)of the NDPS Act
and
In Re : Abhijit Deb @ Aryan ..… petitioner
Mr. D Kar
Mr. Arka Tilak Bhadra
…… for the petitioner
Ms. Amita Gaur
Ms. Sudeshna Das
State
…… for the
1. Learned advocate for the petitioner submits that the
petitioner is in custody since 15th January 2022 and there was
seizure from the possession of the present petitioner. However,
according to the learned advocate, more than 29 months have
passed and only five witnesses out of nine witnesses have been
examined.
2. Learned advocate for the State opposes the prayer for bail
and draws attention of this court to the order passed on 24th
November 2023.
3. We have considered the totality of the circumstances
including the period of detention of the present petitioner. It has
been pointed out that the next schedule before the learned special
court has been fixed on 26th June 2024.
4. We direct that the learned trial court to fix the schedule
consisting of three dates and fix such schedule once in every
month. Prosecution witnesses should be completed within a
period of three months from 26th June 2024. Trial of the case
would continue in spite of any resolution of the local bar and
2
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) 890 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.)