Raja Datta @ Raja Dutta And ORS v. State Of West Bengal

13.03.2023 sdas rejected C.R.M. (NDPS) No. 311 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Nabagram Police Station Case No. 233 of 2020 dated 05.09.2020 under Sections 20(b )(ii)(c )/29 of the NDPS Act.

And In Re : Raja Datta @ Raja Dutta & Ors. ..... petitioners Mr. Sourav Chatterjee Mr. Anisur Rahman ... for the petitioners Mr. Sanjoy Bardhan Ms. Baishakhi Chatterjee ... for the State Learned Counsel for the petitioners submits they are in custody for two years and five months. It is also submitted that there is inordinate delay in trial. Inspite of direction given by this Court there is slow progress in the matter. They pray for bail. Learned Counsel for the State opposes the prayer for bail.

We have considered the materials on record. It is true direction was given to conclude trial expeditiously on 11.07.2022 in CRM(NDPS) 737 of 2022. Trial did not progress partly due to non-production of prosecution witnesses and partly due to local holiday.

Under such circumstances, a last opportunity is given to the prosecution to conclude the trial.

The application for bail is, thus, rejected at this stage.

Trial court shall ensure prompt examination of witnesses and conclude the trial as expeditiously as possible preferably within one year from the next date fixed for recording evidence without granting unnecessary adjournment to either of the parties.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)