Makbul Aktar Sk And ANR v. State Of West Bengal

09.07.2021 Court No.5 SL No.7 AP/ss CRM 1787 of 2021 (Through Video Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Belur G.R.P.S. Case No.14 of 2019 dated 24.06.2019 under Section 20(C) of the Narcotic Drugs and Psychotropic Substances Act.

And In the matter of: Makbul Aktar Sk and Anr.

....Petitioners.

Ms. Minoti Gomes ...for the Petitioners.

Mr. Binay Panda Ms. Puspita Saha ...for the State.

The petitioners are charged under Section 20(C) of the NDPS Act, 1985.

The petitioners say that they were arrested on June 24, 2019 and they have been in custody for more than 700 days. They also say that the FSL report is yet to be made available.

Learned counsel for the State produces the Case Diary and draws our attention to the FSL report.

The charge-sheet has also been filed. The recovery of commercial quantity of contraband being 25 kgs. of ganja was from the exclusive possession of the petitioners.

Having regard to the nature of the material on record and gravity of the charge as also the statutory bar provided under Section 37 of the NDPS Act, we are unable to allow the prayer for bail. However, at the request of learned counsel for the petitioners, we request the Trial Court to expedite the trial and conclude the same at the earliest and if possible, within a period of one year from date. CRM 1787 of 2021 is dismissed.

[Arijit Banerjee, J.] [Arindam Mukherjee, J.]