Hasanuj Jaman v. State Of West Bengal

29.04.2025 Item no. 26 Ct. No. 29 BD.

C.R.M. (NDPS) 386 of 2025 In Re:- An application for bail under section 439 of the Code of Criminal Procedure, 1973 corresponding to under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Itahar P.S. Case No. 556 of 2024 dated 10.09.2024 under section 20 (b) (ii) (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 corresponding to Case No. NDPS Case No.

25/2024.

In the matter of : Hasanuj Jaman .... Petitioner. Mr. Asimes Goswami Mr. Sk. Abdus Salam Mr. Subrata Mukherjee Ms. Poulomi Banerjee ...for the Petitioner. Ms. Sreyashee Biswas Ms. Puspita Saha ...for the State. The prosecutor's submission is that the chargesheet has already been submitted in this case on 11th February, 2025 and the trial is going to be commenced shortly.

Learned counsel appearing on behalf of the petitioner submits that he is in custody for more than 7 months and that 20.956 Kgs. of ganja was allegedly recovered from the vehicle owned by the present petitioner and the prosecutor's further case is he was found within the vehicle at the time of recovery. However denying the said allegation petitioner submits that he was merely a passerby at the time of alleged recovery and is in no way connected with the alleged offences and considering his period of detention

and that investigation has already been concluded and for which further incarceration is not required, he may be released on bail on any terms and conditions. Having heard learned counsel appearing on behalf of the petitioner and the State and that as per prosecution case commercial quantity of contraband substances recovered from the vehicle while the petitioner was found within the vehicle and that the said vehicle is also owned by the petitioner and that investigation has already been ended in charge-sheet and that trial is going to be commenced, I find that rigour of section 37 of the NDPS Act, clearly attracts in the present context and in such view of the matter, prayer for bail is 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 eight months from the next date of hearing.

CRM (NDPS) 386 of 2025 is accordingly disposed of.

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.)