Feku Mandal v. Union Of India

26.

11.03.2025 Court No.29 (Tanmoy) Rejected

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (NDPS) 214 of 2025 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik Suraksha Sanhita, arising out of NCB Crime No.

20/NCB/KOL/2023 dated 18.6.2023.

And In the matter of: - FEKU MANDAL ...petitioner.

Mr. Tapodip Gupta Mr. Suman Bhanja ...for the petitioner.

Mr. Kallol Kumar Basu Mr. Partha Chakraborty ...for the UOI/NCB.

Dictated by Arijit Banerjee, J.

1. Report filed by Narcotics Control Bureau (NCB) be kept with the records.

2. Learned Counsel for the petitioner fairly submits that although this bail application may be, technically speaking, premature, in fact, after the last rejection of the petitioner's bail prayer on March 15, 2024, by an order passed in CRM (NDPS) 413 of 2024, there has been practically no progress. Only one witness has been examined in part. Therefore, this application has been made.

3. We see that while rejecting the petitioner's prayer for bail on March 15, 2024, a co-ordinate Bench recorded the assurance meted out by the prosecution to conclude the trial within eighteen months from the next date fixed before the Trial Court. Such time-period has not expired. Hence, we are not inclined to entertain this application for bail. The prayer for bail is rejected.

4. The application being CRM (NDPS) 214 of 2025 is accordingly dismissed.

5. However, we clarify that after completion of the time-period recorded in the order dated March 15, 2024, the petitioner would be at liberty to renew his prayer for bail. (Om Narayan Rai, J.) (Arijit Banerjee, J.)