Mensar Sk v. State Of West Bengal

25.02.2022 Court No.32 rpan / 29 C.R.M. (NDPS) 150 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed in connection with Kandi Police Station Case no.93 of 2020 dated 20.02.2020 under Sections 21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 [ NDPS case no.39 of 2020];

And In Re : Mensar Sk - Petitioner.

Mr. Manas Kumar Das ... for the petitioner.

Mr. Saryati Datta ... for the State.

Heard the learned advocates appearing for the respective parties and considered the materials in the case diary. It appears that contraband substance above commercial quantity was recovered from the joint possession of the petitioner and another co-accused person. As such, the statutory restrictions are attracted and in view thereof, we are not inclined to exercise any discretion in favour of the petitioner and his prayer for bail is refused at this stage.

Mr. Das, learned advocate appearing for the petitioner, however, expresses his anguish and inconvenience as regards the delay in progress of trial and submits that the petitioner has already suffered long incarceration for more than two years. Answering our query, Mr. Datta, learned advocate appearing for the State submits that charges have been framed and there are eight witnesses.

In view thereof, the learned court below is directed to expeditiously conduct the trial without granting any unnecessary adjournments to either of the parties and if necessary, upon resorting to steps available under Section 309 of the Code so that logical conclusion of this case may be reached as early as possible preferably within a period of eight months from the date of communication of this order.

With the aforesaid observations, the application for bail, being CRM (NDPS) 150 of 2022 is disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Sugato Majumdar, J.) (Tapabrata Chakraborty, J.)