Ankit Kumar v. State Of West Bengal

03-03-2025 CRM (NDPS) 220 of 2025 (ct. no.29) S. De In re: An application for bail under Section 439 of the Code of Criminal Procedure corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

- A n d - In the matter of : Ankit Kumar.

.... Petitioner.

Mr. Asraf Mandal, ... For the Petitioner.

Mr. Sanjay Banerjee, Ms. Afreen Begum, ... For the State. Order dictated by Arijit Banerjee, J.

1. The petitioner says that he was merely the driver of the vehicle from which commercial quantity of contraband item was allegedly seized. He is in custody for more than a year. Witness action has not started. He prays for bail.

2. The State files a status report. Let the same be kept with the records.

3. We find that the prosecution proposes to examine only 6 witnesses out of 11 chargesheet named witnesses. March 10 and 11, 2025 have been fixed as the dates for recording of evidence. Over nine thousand bottles of Phensedyl Syrup containing codeine phosphate was seized from the accused persons including this petitioner.

4. In view of commercial quantity of narcotics being involved and keeping in mind the restriction in Section 37 of the NDPS Act, we are not inclined to entertain the petitioner's prayer for bail, at this stage.

5. CRM (NDPS) 220 of 2025 is dismissed.

6. However, keeping in mind that the petitioner is in custody for more than a year, 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.

7. Let this order be communicated by the parties to the learned Trial Court.

(Prasenjit Biswas, J.) ( Arijit Banerjee, J. )