Calcutta High CourtCRM (NDPS)/192/2022disposed

Bidhan Sk And ANR v. State Of West Bengal

2022-02-28Hon'Ble Justice Tapabrata Chakraborty,Hon'Ble Justice Sugato Majumdar2 pages

28.02.2022 Court No.32 rpan / 37 C.R.M. (NDPS) 192 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed in connection with Kaliganj Police Station Case no.146 of 2020 dated 18.03.2020 under Sections 21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 [ NDPS case no.24 of 2020];

And In Re : Bidhan Sk. & Another - Petitioners.

Mr. Minoti Gomes, Mr. Sumanta Das ... for the petitioners.

Ms. Sonali Das ... for the State.

Heard the learned advocates appearing for the respective parties and considered the materials in the case diary. It appears that contraband substance above commercial quantity was recovered from the joint possession of the petitioners and as such, the statutory restrictions are clearly attracted. In view thereof, we are not inclined to exercise any discretion in favour of the petitioners and their prayer for bail is refused at this stage.

Ms. Gomes, learned advocate appearing for the petitioners submits that the petitioners have already suffered long incarceration for about two years and there is no possibility towards early conclusion of the trial in the near future. Answering our query, Ms. Das, learned advocate appearing for the State informs this Court that there are total eleven

witnesses and one witness had been examined. The next schedule has been fixed on and from 7th - 9th March, 2022. In view thereof, the learned court below is directed to expeditiously conduct the trial without granting any unnecessary adjournments to either of the parties and if necessary, upon resorting to steps available under Section 309 of the Code so that logical conclusion of this case may be reached at the earliest preferably within a period of eight months from the date of communication of this order.

With the aforesaid observations, the application for bail, being CRM (NDPS) 192 of 2022 is disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Sugato Majumdar, J.) (Tapabrata Chakraborty, J.)