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Calcutta High CourtCRM/2438/2021rejected

Humayan Biswas v. State Of West Bengal

2021-08-23Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Suvra Ghosh2 pages

23.08.2021 Item no. 27 Court No.32.

S.De.

(rejected) (Via Video Conference) CRM 2438 of 2021 In Re: An application for Bail under Section 439 of the Code of Criminal Procedure filed on 05.03.2021 in connection with Korimpur Police Station Case No. 51/2020 dated 01.03.2020 under Section 20(b)(c) of the Narcotics Drugs and Psychotropic Substances Act.

And In the matter of : Humayan Biswas.

......Petitioner.

Ms. Pramita Banerjee, Advocate, ......for the Petitioner.

Mr. Sanjoy Bardhan, Advocate, Ms. Manisha Sharma, Advocate, ......for the State.

From the seizure list produced by the State as part of the case diary, prima facie it appears that huge quantity (commercial quantity) of ganja was recovered from the joint possession of the petitioner and other accused persons. Hence, in view of the restriction in Section 37 of the N.D.P.S. Act, we are not inclined to entertain the petitioner's prayer for bail.

Accordingly, CRM 2438 of 2021 is dismissed.

The petitioner, at this stage, prays for expedition. Charge has been framed and 10th to 16th November 2021 have been fixed for recording of evidence. The petitioner is in custody for about 540 days.

In view of the lengthy detention of the petitioner, we request the learned Trial Court to expedite the trial to the extent possible and bring the same to its logical conclusion as soon as the business of the Court may permit and preferably within a period of one year from date without granting any unnecessary adjournment to either of the parties.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Suvra Ghosh, J.) (Arijit Banerjee, J.)