Birju Mallick v. State Of West Bengal

18.02.2022 Serial no.25 Dd CRM(NDPS) 78 of 2022 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with South Port Police Station Case No. 198 of 2019 dated October 21, 2019 under Sections 20(b)(ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (ST No. 6(3) of 2022 (NDPS-87 of 2019).

-AndIn the matter of : Sri Birju Mallick ... ...Petitioner Mr. Tanmay Das, Advocate ... ... For the Petitioner Mr. Madhusudan Sur, ld. APP Mr. Dipankar Pramanick, Advocates ... ...For the State Petitioner renews the prayer for bail.

Learned advocate appearing for the State submits that the trial is in progress. The evidence of the investigation is now being recorded. He submits that next date fixed is March 2, 2022. Moreover, commercial quantity of narcotic was seized from the joint possession of the petitioner.

Considering the fact that commercial quantity of narcotic was seized from the joint possession of the petitioner, we are of the view that the petitioner is unable to overcome the restrictions under Section 37 of the NDPS Act, 1985. Consequently, we are not inclined to grant bail to the petitioner. However, we request the learned trial Court to dispose of the trial as expeditiously as possible without granting unnecessary adjournments to any of the parties.

Prayer for bail of the petitioner is rejected. CRM(NDPS) 78 of 2022 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)