Sahajan Molla v. State Of West Bengal

01.02.2024 sdas rejected C.R.M.(NDPS) No. 198 of 2024 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Basirhat Police Station Case No. 837 of 2021 dated 21.11.2021 under Sections 21(c )/29 of the NDPS Act.

And In Re : Sahajan Molla .... petitioner Mr. Niladri Sekhar Ghosh Ms. Puja Mondal ....for the petitioner Mr. Debabrata Chatterjee Mr. Arindam Sen ... for the State 1.

Learned Counsel for the petitioner submits he is in custody for more than two years. It is also submitted there is delay in trial. He prays for bail.

2.

Learned Counsel for the State opposes the bail prayer and submits two witnesses have been examined. 612 bottles containing 61.200 liters of Phensedyl Syrup were recovered from the petitioner.

3.

We have considered the materials on record.

Petitioner was running a unit where Phensedyl Syrup was rebottled and distributed. Trial has already commenced and two witnesses have been examined. His bail prayer was rejected earlier on merits in June, 2023. Thereafter one witness has been examined. Hence, it cannot be said there was no progress in trial since rejection of bail by this Court. Under such

circumstances, we are not inclined to grant bail to the petitioner at this stage.

4. Application for bail is, thus, rejected. 5.

We request the trial court to conduct the trial on a day-to-day basis and conclude the same at an early date preferably within 18 months from the next date fixed for recording evidence without granting unnecessary adjournment to either of the parties.

6.

Parties shall co-operate with the trial and communicate this order to the trial court for due compliance. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)