Mafuj Mondal @ Mahfooj Mondal v. State Of West Bengal
18-02-2025 CRM (NDPS) 79 of 2025 (ct. no.29) S. De (Rejected) In re: An application for bail under Section 439 of the Code of Criminal Procedure corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- A n d - In the matter of : Mafuj Mondal @ Mahfooj Mondal. .... Petitioner.
Mr. Kaushik Choudhury, Mr. Sabyasachi Hazra, ... For the Petitioner. Mr. Anand Keshari, Ms. Srilekha Chatterjee, ... For the State. Order dictated by Arijit Banerjee, J.
1. The petitioner says that he is in custody for more than 2 years. Trial has not concluded. He prays for bail.
2. Learned State counsel files a status report. Let the same be kept with the records.
3. We find from the report that the prosecution has already examined 5 out of 11 chargesheet named witnesses. The prosecution intends to examine 4 more witnesses. The next date fixed is March 6, 2025.
4. Commercial quantity of narcotics was seized from the exclusive possession of this petitioner. It cannot be said that there has been no progress in the trial at all. In view of the restriction in Section 37 of the NDPS Act, we are not inclined to allow the petitioner's prayer for bail, at this stage.
5. CRM (NDPS) 79 of 2025 is dismissed.
6. However, keeping in mind the period of detention of the petitioner, we direct the learned Trial Court to expedite the trial to the fullest extent possible and conclude the same on an early date Signed By :
SANDIP DE High Court of Calcutta 19 th of February 2025 12:27:29 PM
without granting unnecessary adjournments to either of the parties and, if necessary, by fixing frequent schedules for examination of witnesses.
7. Let this order be communicated by the parties to the learned Trial Court.
8. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Apurba Sinha Ray, J.) ( Arijit Banerjee, J. ) Signed By :
SANDIP DE High Court of Calcutta 19 th of February 2025 12:27:29 PM