Swarupjan Bibi v. State Of West Bengal

13.01.2021 Court No.28 rpan / 111 C.R.M. 92 of 2021 (Via Video Conference) In Re:- An application for bail under section 439 of the Code of Criminal Procedure in connection with Matia Police Station Case No. 102 dated 17.03.2020 under Sections 21(c) / 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. And In Re : Swarupjan Bibi

...Petitioner.

Mr. Satadru Lahiri, Mr. Safdar Azam ....for the petitioner.

Mr. Sanjoy Bardhan, Mr. Palash Ch. Majhi ....for the State.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for 300 days and she is having a child of 2 years, being deserted by her husband. Learned advocate further submits that investigation has already been completed and when the application for bail was preferred, the chemical examiner's report was called for by the learned special court.

Mr. Bardhan, learned advocate appearing for the State opposes the prayer for bail and submits that on 05.01.21 the chemical examiner's report has been submitted before the learned special court. The learned advocate additionally states that there are 12 witnesses who all belong to the Government departments and as such, the State is ready to conclude the trial within a reasonable period of time.

Having considered the fact that commercial quantity of contraband was seized from the possession of the petitioner, we are not inclined to release the petitioner on bail as per the provisions of Section 37 of the NDPS Act. Accordingly, the prayer for bail is rejected.

However, having regard to the fact that the petitioner, being a woman, deserted by her husband having a child of 2 years, we are of the view that steps must be taken by this Court so that the trial of the case be expedited and concluded within the shortest possible period.

In view of the aforesaid, the DSP, Headquarters - Basirhat, is appointed as nodal Officer of the case who will arrange and produce the witnesses before the learned trial court. The learned trial court would fix two schedules in the month of February, 2021 and three schedules in the month of March, 2021 and take all steps so that the trial of the case is concluded within a month thereafter.

With the aforesaid observations, the application for bail, being CRM 92 of 2021, is disposed of.

(Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)