Tajbul Sk @ Tajbul Islam Sk v. State Of West Bengal

03.02.2023 sdas rejected C.R.M.(NDPS) No. 169 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Raninagar Police Station Case No. 363 of 2020 dated 01.10.2020 under Sections 21(c )/29 of the NDPS Act.

And In Re : Tajbul Sk. @ Tajbul Islam Sk. ..... petitioner Mr. Jisan Hossain Ms. Chandrima Debnath Mr. Karnel Mondal ... for the petitioner Mr. T. D. Nandy Mr. Antarikhya Basu .... for the State Learned Counsel for the petitioner submits he is in custody for two years and four months. It is also submitted that there is delay in trial. He prays for bail.

Learned Counsel for the State opposes the prayer for bail and submits delay was due to vacancy in the trial. Trial is in progress. Three witnesses have already been examined. We have considered the materials on record. A learned Single Judge of this Court in CRR No. 33 of 2022 directed for expeditious conclusion of trial preferably within ten months from resumption of normal functioning of the Court. The Court was lying vacant for some time. Subsequently upon filling up of vacancy trial commenced and three witnesses have already been

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

The application for bail is, thus, 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 unnecessary adjournment to either of the parties. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)