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Calcutta High CourtCRM (NDPS)/416/2024rejected

Sonu Kumar v. The State Of West Bengal

2024-03-04Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

04.03.2024.

07.

Ct.No.28 as (Rejected) C.R.M. (NDPS) 416 of 2024 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection Sankrail P.S. Case No.292 of 2023 dated 21.04.2023 under Sections 20(b)(ii)(C) of the NDPS Act and charge sheet submitted under Sections 20(b)(ii)(C) of the NDPS Act.

In the matter of : Sonu Kumar.

... Petitioner.

Mr. Nazir Ahmed, Mr. Sandipan Mandal, Mr. Soumyajit Chakraborty.

...for the Petitioner.

Mr. Ranadeb Sengupta.

...for the State.

1.

Heard the learned Advocates for the parties.

2.

We have considered the materials on record.

Statements of witnesses and contemporaneous document i.e. seizure memorandum show recovery of 104.150 kgs. of ganja recovered from a pickup van. Petitioner was present in the van. Trial has already commenced.

3.

Under such circumstances and in view of statuary restrictions under Section 37 of the NDPS Act, we are not inclined to grant bail to the petitioner at this stage. 4.

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

5.

We direct the trial court to conduct trial by fixing schedules at short intervals and conclude the same at an early date preferably within 18 months from the next date

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

6.

Parties shall co-operate and communicate this order to the Trial Court for due compliance.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)