Abdur Rahaman And ANR v. State Of West Bengal

01.02.2023.

18.

Ct.No.28 as (Rejected) C.R.M. (NDPS) 145 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with NDPS Case No. 263 of 2020 arising out of Burwan P.S. Case No.347 of 2020 dated 28.11.2020 under Sections 20(b)(ii)(c)/29 of the NDPS Act.

In the matter of : Abdul Rahaman & Anr.

... Petitioners.

Ms. Chandrima Debnath.

...for the Petitioners.

Mr. Rudradipta Nandy, ld. A.P.P., Mrs. Sonali Das.

...for the State.

Petitioners are in custody for two years. They pray for bail.

Learned Advocate for the State opposes the bail prayer. He submits charges have been framed and date has been fixed for recording evidence.

We have considered the materials on record. There are ample materials showing recovery of narcotics i.e. 115 packets of ganja containing 10 kgs. each from a truck. Petitioners were present in the said vehicle at the time of recovery. Under such circumstances and in view of statutory restrictions 37 of the NDPS Act, we are not inclined to grant bail to the petitioners.

Accordingly, the prayer for bail of the petitioners is rejected.

Trial court is directed to conclude the trial as expeditiously as possible preferably within one year from the next date fixed for recording evidence without granting any unnecessary adjournments to either of the parties. (Ajay Kumar Gupta,J.) (Joymalya Bagchi, J.)