Bajiruddin v. State Of West Bengal

16.03.2023 sdas rejected C.R.M. (NDPS) No. 401 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Kaliachak Police Station Case No. 743 of 2020 dated 25.09.2020 under Section 21(c )/29 of the NDPS Act.

And In Re : Bajiruddin ..... petitioner Mr. Soumyajit Das Mahapatra Mr. Mazhar Hossain Chowdhury Mr. Mobashshara Alam ... for the petitioner Mr. Sanjoy Bardhan Mr. Palash Chandra Majhi ... for the State Learned Counsel for the petitioner submits he is in custody for two years and six months. It is also submitted there is hardly any progress in the matter. He renews his bail prayer. Learned Counsel for the State opposes the prayer for bail.

We have considered the materials on record. Initially coaccuseds had absconded and there was delay. Thereafter charge was framed in June, 2022. Trial is in progress. There are ample materials implicating the petitioner with regard to trafficking of narcotics above commercial quantity. 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 petitioner.

The application for bail is, thus, rejected.

We request the trial court to conduct the trial with utmost expedition and conclude the same at an early date preferably within one year from the next date fixed for recording evidence without granting unnecessary adjournment to either of the parties.

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