Rabjel Mondal@Kalu v. State Of West Bengal

31.05.2021 S.D.

06.

CRM 998 of 2021 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure.

And In the matter of: Rabjel Mondal @ Kalu ....Petitioner.

Mr. Milon Mukherjee Mr. Arnab Chatterjee ...for the Petitioner.

Mr. Sanjoy Bardhan Mr. Palash Chandra Majhi ....for the State.

Mr. Milon Mukherjee, learned Senior counsel appearing on behalf of the petitioner submits that the petitioner is in custody since the date of his arrest on 10.6.2020 in connection with Jalangi Police Station Case under Section 363/365/364/34 of the IPC and he has been shown arrested on 24.6.2020 in connection with Karimpur Police Station Case No. 72 of 2020 dated 20.3.2020 under Sections 20(b)(c) of the NDPS Act on the basis of statement of a co-accused recorded during the investigation by the Investigating Officer. The charge sheet has been submitted. This is the third time when the petitioner has renewed the prayer for release on bail. Considering prima facie case emerging from the charge sheet under Section 20(b)(c) NDPS Act for involvement of the petitioners possessing commercial quantity of narcotics, and further bearing in

mind the provision of Section 37 of the N.D.P.S. Act, the prayer for bail is rejected.

However, since the petitioner with other accused persons is in jail for last one year, it is desired that the Special Judge, N.D.P.S. would undertake the trial as expeditiously as possible adhering to the guidelines given by the Hon'ble Supreme Court in Thana Singh case (2013) 2 SCC 603.

Thus, the application being C.R.M. 998 of 2021 is disposed of. (Aniruddha Roy, J.) (Shivakant Prasad, J.)