Rocky Das v. State Of West Bengal

09.02.2024 Sl. No.9 akd [ALLOWED] C. R. M. (NDPS) 266 of 2024 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 30.01.2024 in connection with Noapara Police Station Case No.29 of 2022 dated 20.01.2022 under Section 21(c) of the NDPS Act.

And In Re: Rocky Das ... ... Petitioner Mr. Subhajit Chowdhury ... ... for the petitioner Mr. Sandip Chakraborty ... ... for the State

1. It is submitted on behalf of the petitioner that he is in custody for more than two years. It is further submitted there is inordinate delay in trial. No witnesses have been examined till date. Accordingly, he prays for bail.

2. Learned Advocate for the State opposes the prayer for bail and submits date has been fixed for recording evidence in March, 2024.

3. We have considered the materials on record. Though narcotics i.e. 1.5 kgs. of codeine mixture was recovered from the petitioner, he has suffered incarceration for more than two years. No prosecution witness has been examined till date. Prosecution proposes to examine eight witnesses in all. In view of the pace at which prosecution is progressing and heavy pendency in the trial court, there is little possibility of trial concluding in the near future. Under such circumstances, we are of the opinion petitioner has been able to make out a case of breach of his fundamental right to speedy trial and he is entitled to bail on this score. Bail prayer on the ground of inordinate delay in trial is not fettered by restrictions under Section

37 of the NDPS Act. Reference in this regard may be made to Rabi Prakash vs. The State of Odisha1.

4. Therefore, the accused/petitioner, namely Rocky Das, be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Judge, Special Court under the NDPS Act, Barrackpore, North 24-Parganas subject to condition that the said petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever or commit similar offences in future.

5. In the event he fails to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court.

6. The application for bail, thus, stands allowed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) 1 2023 SCC OnLine SC 1109