Md. Amir Khan v. The State Of West Bengal

08.02.2024 sdas rejected C.R.M.(NDPS) No. 262 of 2024 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with STF Police Station Case No. 47 of 2019 dated 26.12.2019 under Sections 21(c )/22(c )/29 of the NDPS Act.

And In Re : Md. Amir Khan .... Petitioner Mr. Dyutiman Banerjee Ms. Sreyashi Chatterjee Mr. Vishal Mallick ....for the petitioner Mr. Dipankar Mahata ...... for the State 1.

Learned Counsel for the petitioner submits he is in custody for four years. He prays for bail on the ground of delay in trial.

2.

Learned Counsel for the State opposes the prayer for bail and submits bail prayer of the co-accused was rejected in CRM (NDPS) 424 of 2023 and trial court was directed to conclude the trial within one year. Timeframe proposed by this Court has not expired.

3. We have considered the materials on record. Petitioner and co-accused were involved in inter-State trafficking of narcotics. Large volumes of Yaba Tablets and 1.07 kgs. of Heroin were recovered from them. Bail prayer was rejected in March, 2023 and trial court was directed to conclude the trial within one year from the date of communication of this order. Said order has been communicated to the trial court on 17th April, 2023. Time proposed by this Court to conclude the trial has not come to an end. Petitioner is a resident of a

different State and there is no chance of his abscondence if he is released on bail. Hence, we are not inclined to grant bail to the petitioner.

4. The application for bail is, thus, rejected. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)