Chayan Mitra v. State Of West Bengal

11-03-2025 (ct. no. 29) KOLE CRM (NDPS) 192 of 2025 In re: An application for bail under Section 439 of the Code of Criminal Procedure/Section 483 of the BNSS in connection with Cossipore Police Station Case No. 100 of 2023 dated 10.06.2023 under Sections 20(b)(ii)(c)/29 of the NDPS Act.

- A n d - In the matter of : Chayan Mitra .... Petitioner.

Mr. Joy Chakraborty, Mr. Sandip Dinda, ... For the Petitioner.

Mr. Rudradipta Nandi, Mr. D. Ghorai, ... for the State.

Dictated by Arijit Banerjee, J:- 1.

The petitioner says that he has been falsely implicated. There was no recovery from him. The car from which the contraband item was allegedly seized, belongs to his father. He is in custody for one year six months. The prime accused has been granted bail by a coordinate Bench. He renews his prayer for bail which was rejected twice earlier, lastly on June 25, 2024. 2.

Learned State Advocate says that the statement of the petitioner's father has been recorded under Section 161 of the Code of Criminal Procedure. His father says that the car from which seizure of narcotics was made, was looked after and operated by the petitioner.

3.

44 kgs of ganja (much beyond commercial quantity) was allegedly seized. Finding prima facie complicity of the petitioner in the alleged crime and keeping in mind the restrictions in Section 37 of the NDPS Act, we are not inclined to enlarge the petitioner on bail.

4.

CRM (NDPS) 192 of 2025 is, thus, dismissed.

5.

However, considering the period of detention of the petitioner, we direct the learned Trial Court to expedite the trial to the fullest extent possible and conclude the same on an early date, without granting unnecessary adjournments to either of the parties and if necessary, by fixing frequent schedules of 2/3 days each for examination of witnesses.

6.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. ( Om Narayan Rai, J. ) ( Arijit Banerjee, J. )