Akash Jana v. State Of West Bengal

23.02.2024 Sl. No.9 akd [ALLOWED] C. R. M. (NDPS) 354 of 2024 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 16.02.2024 in connection with Uluberia Police Station Case No.29 of 2022 dated 01.02.2022 under Sections 21(c)/29 of the NDPS Act.

And In Re: Akash Jana ... ... Petitioner Mr. Tapodip Gupta Sk. Toslim Ali Mr. Suman Bhanja ... ... for the petitioner Ms. Rituparna De Ghose ... ... for the State

1. It is submitted on behalf of the petitioner that he is in custody for more than two years. It is further submitted there is inordinate delay in trial. Accordingly, he prays for bail.

2. Learned Advocate for the State opposes the prayer for bail and submits four witnesses have already been examined.

3. We have considered the materials on record. Narcotics i.e. 8.2 ltrs. of codeine mixture, which is above commercial quantity was recovered from the petitioner. However, he has prayed for bail on the ground of delay in trial. Petitioner is in custody for more than two years. Four witnesses have been examined till date. Prosecution proposes to examine fifteen witnesses in all. Delay in the matter cannot be attributed to the petitioner. There is little possibility of trial concluding in the near future. Under such circumstances, we are of the opinion petitioner has been able to make out a case of breach of his fundamental right to speedy trial and he is entitled to bail on this score. Bail prayer on the ground of inordinate delay in trial is not

fettered by restrictions under Section 37 of the NDPS Act. Reference in this regard may be made to Rabi Prakash vs. The State of Odisha1.

4. Therefore, the accused/petitioner, namely Akash Jana, be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Judge, Special Court under the NDPS Act-cum-Additional District & Sessions Judge, 3rd Court, Howrah subject to condition that the said petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever or commit similar offences in future.

5. In the event he fails to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court.

6. The application for bail, thus, stands allowed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) 1 2023 SCC OnLine SC 1109