Calcutta High CourtCRM (NDPS)/251/2025rejected

Krishna Roy v. The State Of West Bengal

2025-04-17Hon'Ble Dr. Justice Ajoy Kumar Mukherjee2 pages

17.04.2025 akb Sl. 24 Ct.29 Rejected CRM (NDPS) No. 251 2025 In re: An application for bail under Section 439 of the Code of Criminal Procedure, 1973 read with Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Barabani Police Station Case No. 55 of 2024 dated 12.04.2024 under Sections 20(b)(ii)(c)/25 of the NDPS Act, 1985 arising out of NDPS case no. 06 of 2024, now pending before the Special Court under the NDPS Act cum Addl. Sessions Judge, 3rd Court, Asansol;, Paschim Bardhaman. And In re:

Krishna Roy ... petitioner.

Mr. Asraf Mandal Mr. Tanbir Mandal ...for the petitioner Mr. Debasish Roy Mr. Arijit Ganguly Mr. Koushik Kundu ...for the State Learned Counsel appearing on behalf of the petitioner submits that he is innocent and he has been falsely implicated and that no videography was done during search and seizure and that he is in custody for about one year and five days and the trial has not yet been started before the Court below and as such there is no certainty as to when the trial would be concluded and since his fundamental right to get speedy trial has been infringed, he is entitled to be released on bail.

Learned Counsel appearing on behalf of the State produced a report and the same is taken on record.

Learned Counsel for the State raised objection contending that 20.414 kgs. of Ganja was recovered from the exclusive possession of the present petitioner and charge has already been framed and it is expected that within a short span of time the trial would be concluded.

He further submits that out of ten charge sheeted witnesses they have proposed to examine onlt five witnesses.

Having heard learned Counsel appearing on behalf of the petitioner and the State and also considering the fact that the rigor of Section 37 of the NDPS Act attracts in the present case, the prayer for bail is rejected. However, I am informed that the charge has already been framed and as such the Trial Court is requested to conclude the trial preferably within eight months from the next date of hearing. CRM (NDPS) No. 251 2025 thus stands disposed of. (Dr. Ajoy Kumar Mukherjee, J.)