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Calcutta High CourtCRM (NDPS)/398/2024rejected

Chhabial Ali Sk And ANR v. State Of West Bengal

2024-03-01Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

01.03.2024.

21.

Ct.No.28 as (Rejected) C.R.M. (NDPS) 398 of 2024 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with NDPS Case No.234 of 2020 arising out of Rejinagar P.S. Case No.289 of 2020 dated 19.10.2020 under Sections 20(b)(ii)(c)/29/35 of the NDPS Act.

In the matter of : Chhabial Ali Sk. & Anr.

... Petitioners.

Mr. Arnab Chatterjee, Ms. Dhanasree Biswas, Ms. Poulami Bose.

...for the Petitioners.

Mr. Iqbal Kabir.

...for the State.

1.

Heard the learned Advocates for the parties.

2.

We have considered the materials on record.

Petitioners are in custody for more than three years and four months. It is alleged more than 110 kgs. of ganja was recovered from a truck. Seven out of fifteen witnesses have been examined.

3.

Under such circumstances and in view of statutory restrictions under Section 37 of the NDPS Act, we are not inclined to grant bail to the petitioners.

4.

Accordingly, the prayer for bail of the petitioners is rejected.

5.

We request the trial court to conclude the trial as expeditiously as possible preferably within one year from the

next date fixed for recording evidence without granting unnecessary adjournment to either of the parties. 6.

Parties shall co-operate with the trial court and communicate this order for due compliance.

(Gaurang Kanth, J.) (Joymalya Bagchi, J.)