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Calcutta High CourtCRM (NDPS)/124/2025rejected

Rakesh Mondal v. State Of West Bengal

2025-02-21Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Apurba Sinha Ray2 pages

43.

21-02-2025 (ct. no.29) debajyoti (rejected) CRM (NDPS) 124 of 2025 In re: An application for bail under Section 439 of the Code of Criminal Procedure/483 of the Bhartiya Nagarik Suraksha Sanhita in connection with Swarupnagar Police Station Case No.104 of 2024 dated 22-02-2024 under Section 21(C) of the Narcotic Drugs and Psychotropic Substances Act.

- A n d - In the matter of : Rakesh Mondal .... Petitioner.

Mr. Kallol Kumar Basu, Mr. Md. Jannat ul Firdous ... For the Petitioner.

Mr. Bibaswan Bhattacharya, Mr. Aritra Bhattacharya ... For the State.

Dictated by Arijit Banerjee, J.

1. The petitioner renews his prayer for bail which was rejected on merits on June 25, 2024. He says that he is in custody for one year. Only 1 out of 9 charge sheet named witness has been examined. On the last three dates, no witness turned up.

2. Learned State advocate says that on the last three dates, the Presiding Officer was on leave. The prosecution will make all efforts to conclude the trial on an early date.

3. In view of commercial quantity of Phensedyl syrup being recovered from the possession of the petitioner, who is

the sole accused in this case, we are not inclined to grant bail to the petitioner, at this stage.

4. The application for bail is, thus, dismissed.

5. However, considering the period of detention of the petitioner, we direct the learned trial Court to expedite the trial as much as possible and conclude the same on an early date without granting unnecessary adjournments to either of the parties and, if necessary, by fixing frequent schedules for examination of witnesses.

6. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

7. Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities.

(Arijit Banerjee, J.) (Apurba Sinha Ray, J.)