Rahul Yadav Alias Chintu And ORS v. State Of West Bengal

21.03.2023 Sl. No.21 akd [Rejected] C. R. M. (NDPS) 445 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 20.02.2023 in connection with Asansol North Police Station Case No.196 of 2020 dated 12.08.2020 under Section 20(b)(ii)(c) of the NDPS Act. (NDPS Case No.05 of 2020) And In Re: Rahul Yadav @ Chintu & Ors.

... ... Petitioners Mr. Uday Sankar Chattopadhyay Mr. Suman Sankar Chattopadhyay Mr. Santanu Maji Ms. Trisha Rakshit ... ... for the petitioners Mr. Ranabir Roy Chowdhury Mr. Sandip Chakraborty ... ... for the State It is submitted on behalf of the petitioners that they are in custody for about two years and seven months. It is further submitted there is inordinate delay in trial.

Learned Advocate for the State opposes the prayer for bail and submits one witness has been examined.

We have considered the materials on record. Statements of witnesses including contemporaneous document i.e. seizure memo disclose recovery of narcotic substance i.e. 330 kgs. of Ganja, which is above commercial quantity from a vehicle. Materials on record give rise to an inference of interstate trafficking in narcotics. Trial has commenced and examination of a prosecution witness is in progress. Under such circumstances and in view of the statutory restrictions under Section 37 of the NDPS Act, we are not inclined to grant bail to the petitioners.

The application for bail is thus rejected.

Trial court is directed to conclude the trial with utmost expedition at an early date.

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