Golam Kibria v. State Of West Bengal

22.03.2024 sdas Allowed C.R.M. (NDPS) No. 512 of 2024 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Sagardighi Police Station Case No. 216 of 2022 dated 20.05.2022 under Sections 21(c )/29 of the N.D.P.S. Act.

And In Re : Golam Kibria . .... petitioner Mr. Krishnendu Bhattacharya Mr. Priyankar Ganguly Ms. Shalini Bairagi Ms. Neelanyana Ghorai .... for the petitioner Mr. Ashok Das .... for the State 1.

Learned Counsel for the petitioner submits he is in custody for one year and ten months. It is also submitted there is inordinate delay in trial. Accordingly, he prays for bail. 2.

Learned Counsel for the State opposes the bail prayer and submits date has been fixed for recording evidence. Report is submitted in support of his plea.

3. We have considered the materials on record. Though ten liters of Codeine Mixture was recovered from the petitioner he is in custody for one year and ten months. No witness has been examined till date. Delay in the matter cannot be attributed to the defence. Under such circumstances, petitioner has made out a case for bail on the ground of delay in trial which infracts fundamental right to speedy justice of the Signed By :

SHANTANU DAS High Court of Calcutta 22 nd of March 2024 05:36:48 PM

petitioner. Bail prayer on the ground of delay in trial is not fettered by restrictions under Section 37 of the NDPS Act as held in Rabi Prakash Vs. State of Odisha1. Hence, we are inclined to grant bail to the petitioner.

4. Accordingly, we direct that the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Judge, Special Court under NDPS Act-cum-learned Additional District Judge, 5th Court, Berhampore, Murshidabad, subject to condition that petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

5. In the event petitioner fails to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

6. The application for bail is, accordingly, allowed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) 1 (2023) SCC Online SC 1109