Kumar Prasant v. State Of West Bengal

19.03.2024 Sl. No.6 akd [Rejected] C. R. M. (NDPS) 352 of 2024 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 12.02.2024 in connection with English Bazar Police Station Case No.1286 of 2021 dated 28.09.2021 under Sections 21(c)/29 of the NDPS Act read with Sections 489B/489C/120B of the Indian Penal Code.

And In Re: Kumar Prasant ... ... Petitioner Mr. Arup Kumar Bhowmick ... ... for the petitioner Mr. Tanmoy Kr. Ghosh Mr. Sujoy Sarkar ... ... for the State

1. Heard the learned Advocates appearing for both the parties.

2. Report is placed on record. From the report it appears prosecution evidence is complete and date has been fixed for examination of the accused under Section 313 of the Code of Criminal Procedure.

3. We have considered the materials on record. Allegations involve recovery of narcotics above commercial quantity i.e. 351 gms. of Heroin and fake Indian currency notes (FICNs) from the petitioner and co-accused. In view of the gravity of offence attracting statutory restrictions under Section 37 of the NDPS Act and as trial is at its fag-end, we are not inclined to grant bail to the petitioner.

4. The application for bail is thus rejected.

5. Trial court is directed to expedite the trial and conclude the same at an early date.

6. Parties shall communicate a copy of this order to the trial court for due compliance.

(Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By : ARUP KUMAR DAS High Court of Calcutta 20 th of March 2024 05:08:42 PM