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Calcutta High CourtCRM (NDPS)/298/2025rejected

Bapan Sk v. State Of West Bengal

2025-04-08Hon'Ble Dr. Justice Ajoy Kumar Mukherjee2 pages

08.04.2025 SB C.R.M. (NDPS) 298 of 2025 In Re:- An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection Domjur Police Station Case No. 547 of 2023 dated 03.08.2023 corresponding to T.R. case no. 21 of 2023 under Sections 20(b)(ii)(c) of the NDPS Act.

In the matter of : Bapan Sk.

.... Petitioner Mr. Sk. Toslim Ali Ms. Rituparna Bhadra ...for the Petitioner Ms. Anasuya Sinha, Ld. APP Ms. Baishakhi Chatterjee ...for the State It is submitted on behalf of the petitioner that the petitioner is in custody since 3rd August, 2023 and that only one witness could be examined so far in part. He further submits that it will take long way to conclude the trial and in view of protection given under Article 21 of the Constitution of India, he is entitled to be released on bail. Learned counsel for the State raised strong objection contending that about 164.530 kgs. of Ganja were recovered from the vehicle and the petitioner was in the vehicle and the trial is in progress. He further submits that the bail prayer of other co-accused has already been rejected by this court in the month of November, 2024.

Having heard learned counsel appearing on behalf of both the parties and in view of the statutory restriction prescribed in Section 37 of the NDPS Act, I find that this is not a fit case to grant bail to the accused person. Accordingly,

the bail prayer made by the petitioner is considered and rejected.

However, the Trial Court is directed to expedite the trial and to make every endeavour to conclude the entire proceeding preferably within a period of six months from the date of communication of the order.

In such view of the matter, CRM (NDPS) 298 of 2025 stands dismissed.

Urgent Photostat certified copy of this order, duly applied for, be given to the parties upon compliance of all requisite formalities.

(Dr. Ajoy Kumar Mukherjee, J.)