Asit Mandal v. State Of West Bengal

37.

13.02.2025 Court No.29 (Tanmoy) Rejected

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (NDPS) 41 of 2025 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023.

And In the matter of: - ASIT MANDAL ...petitioner.

Mr. Mrityunjoy Chatterjee Mr. Debapriya Majumder ...for the petitioner.

Mr. Madhusudan Sur, APP Ms. Sudeshna Das ...for the State.

Dictated by Arijit Banerjee, J.

1. Report filed by the State in Court today be kept with the records.

2. The petitioner says that he is in custody for 250 days. The coaccused person is absconding. Therefore, charge has not been framed. He prays for appropriate directions.

3. Learned Additional Public Prosecutor points out that 728 grams of brown sugar was seized from the possession of this petitioner. The co-accused person is absconding. Directions may be given for splitting up the trial.

4. In view of commercial quantity of contraband item being involved and keeping in mind the restrictions in Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985, we are not inclined to allow the petitioner's prayer for bail. Hence, the prayer for bail is rejected.

Signed By :

TANMOY GHOSH High Court of Calcutta 14 th of February 2025 02:55:26 PM

5. The application being CRM (NDPS) 41 of 2025 is accordingly dismissed.

6. However, since the petitioner is in custody for over eight months, without any progress in the trial, the learned Trial Court is directed to split up the records of the case and the trial, in accordance with law, and proceed against this petitioner so that the trial against this petitioner can be concluded on an early date.

(Apurba Sinha Ray, J.) (Arijit Banerjee, J.) Signed By :

TANMOY GHOSH High Court of Calcutta 14 th of February 2025 02:55:26 PM