Shaktipada Daptari v. State Of West Bengal

13.02.2024 Sl. No.16 akd [ALLOWED] C. R. M. (NDPS) 286 of 2024 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 06.02.2024 in connection with Raghunathganj Police Station Case No.08 of 2022 dated 06.01.2022 under Sections 20(b)(ii)(c)/29 of the NDPS Act. (NDPS Case No.13 of 2022) And In Re: Shaktipada Daptari ... ... Petitioner Mr. Tapodip Gupta ... ... for the petitioner Mr. Ashok Das ... ... 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. Accordingly, he renews his prayer for bail.

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

3. We have considered the materials on record. Bail prayer of the petitioner was rejected on merits earlier in view of the restrictions under Section 37 of the NDPS Act. Thereafter there is no progress in trial. Petitioner has suffered incarceration for more than two years. Delay in the matter cannot be attributed to the petitioner. 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.

1 2023 SCC OnLine SC 1109

4. Therefore, the accused/petitioner, namely Shaktipada Daptari, 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-cum-Additional District Judge, 5th Court, Berhampore, Murshidabad 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.)