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Calcutta High CourtCRM (NDPS)/267/2025rejected

Samirul Islam v. The State Of West Bengal

2025-03-17Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Apurba Sinha Ray2 pages

36.

17-03-2025 (ct. no.29) (rejected) debajyoti CRM (NDPS) 267 of 2025 In re: An application for bail under Section 439 of the Code of Criminal Procedure/483 of the Bhartiya Nagarik Suraksha Sanhita in connection with Kharagpur GRPS Case No.118 of 2024 dated 07-07-2024 under Sections 20(b)(ii)(c)/29 of the Narcotic Drugs and Psychotropic Substances Act.

- A n d - In the matter of : Samirul Islam .... Petitioner.

Ms. Rituparna Ghosh, Ms. Salma S. Shah ... For the Petitioner.

Mr. Bitasok Banerjee, Ms. Puja Goswami ... For the State.

Dictated by Arijit Banerjee, J.

1. 28 kgs. of Ganja was allegedly seized from the possession of three accused persons including this petitioner. In view of the restrictions in Section 37 of the NDPS Act, we are not inclined to entertain the petitioner's prayer for bail, at this stage.

2. The application for bail is, thus, dismissed.

3. However, the petitioner complains that he is in custody for 8 months. Witness action has not yet begun.

There are 14 charge sheet named witnesses. There is no possibility of an early conclusion of the trial.

4. Learned State advocate says that March 19, 2025 has been fixed as the date for examination of witness.

5. Keeping in mind the period of detention of the petitioner, we direct the learned trial Court to spare no effort to expedite the trial to the extent possible and conclude the same on an early date, if necessary, by fixing frequent schedules for examination of witnesses.

6. Parties shall communicate this order to the learned trial Court immediately.

7. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

8. Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities.

(Arijit Banerjee, J.) (Apurba Sinha Ray, J.)