Arup Chowdhury v. State Of West Bengal

22.02.2024 sdas rejected C.R.M.(NDPS) No. 347 of 2024 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Berhampore Police Station Case No. 155 of 2022 dated 05.02.2022 under Sections 22(c )/29 of the NDPS Act.

And In Re : Arup Chowdhury .... Petitioner Mr. Debanshu Ghorai Mr. Anisur Rahman ....for the petitioner Mr. Bitasok Banerjee ...... for the State

1. Learned Counsel for the petitioner submits he has been falsely implicated in the case. Accordingly, he prays for bail.

2. Learned Counsel for the State opposes the prayer for bail and submits bail prayer of the co-accused was turned down in November, 2023 and trial court was directed to conclude the trial expeditiously that is preferably within eighteen months.

3. We have considered the materials on record. 6500 bottles of Phensedyl Syrup containing codeine phosphate were recovered from the possession of the petitioner and others. Bail prayer of the coaccused Krishnapada Mandal was turned down by this Court in November, 2023. Petitioner and Krishnapada Mandal do not stand on the same footing with the other accused Basanti Mondal who has been enlarged on bail by the Hon'ble Apex Court. Prayer for bail of the petitioner was not pressed before the said forum. Hence, we are not inclined to grant bail to the petitioner on merits.

4. On the score of delay we note by order dated 24.11.2023 in CRM (NDPS) 1692 of 2023 trial court was directed to conduct the trial expeditiously and conclude the same preferably within eighteen months. Time frame proposed by this Court has not expired. Accordingly, we are not inclined to consider bail to the petitioner on the ground of delay at this stage.

5. The application for bail is, thus, rejected. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)