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Calcutta High CourtCRM (NDPS)/166/2023rejected

Mithun Ray v. State Of West Bengal

2023-02-10Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

10.02.2023 sdas rejected C.R.M.(NDPS) No. 166 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Murshidabad Police Station Case No. 500 of 2020 dated 06.10.2020 under Sections 21(c )/29 of the NDPS Act.

And In Re : Mithun Ray ..... petitioner Mr. Uday Sankar Chattopadhyay Ms. Trisha Rakshit Mr. Rajashree Tan ... for the petitioner Mr. Sanjoy Bardhan Ms. Baishakhi Chatterjee .... for the State Learned Counsel for the petitioner submits he is in custody for more than two years. It is also submitted that charge has been framed without considering the chemical examiner's report.

Learned Counsel for the State opposes the prayer for bail and submits chemical examiner's report. Report is placed on record.

Report shows presence of Ganja in the seized sample. In view of the aforesaid incriminating circumstance and other materials on record, we are not inclined to grant bail to the petitioner.

The application for bail is, thus, rejected.

Date has been fixed for recording evidence. Accordingly, trial court is directed to conduct the trial expeditiously and conclude the same at an early date preferably within one year from the next date fixed for recording evidence without granting unnecessary adjournment to either of the parties. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)