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Calcutta High CourtCRM (NDPS)/22/2023rejected

Sujay Chandra v. State Of West Bengal

2023-01-10Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

10.01.2023.

07.

Ct.No.28 as (Rejected) C.R.M. (NDPS) 22 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with NDPS Case No. 42 of 2020 arising out of Chandannagar P.S. Case No.65 of 2020 dated 09.08.2020 under Sections 21(c) of the NDPS Act.

In the matter of : Sujay Chandra.

... Petitioner.

Mr. Arimaba Ganguly.

...for the Petitioner.

Mr. Madhusudan Sur, ld. A.P.P., Mr. Dipankar Paramanick.

...for the State.

Petitioner is in custody for more than two years. He submits there is delay in trial. He prays for bail. Learned Advocate for the State opposes the prayer for bail and submits charge has been framed and the date has been fixed for recording prosecution evidence.

We have considered the materials on record. Bail prayer of the petitioner was rejected on merits earlier. Charge has already been framed. Though there is some delay in examining prosecution witnesses, we are of the opinion that in the facts of the case a further opportunity ought to be given to the prosecution.

Accordingly, the prayer for bail of the petitioner is rejected.

Trial court is requested to conclude the trial as expeditiously as possible preferably within one year from the

next date fixed for recording evidence without granting any unnecessary adjournments to either of the parties. (Ajay Kumar Gupta,J.) (Joymalya Bagchi, J.)