Rajkumar Mandal @ Raj Kumar Mondal v. State Of West Bengal

27.03.2024 Sl. No.16 akd [ALLOWED] C. R. M. (NDPS) 548 of 2024 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 18.03.2024 in connection with Jiaganj Police Station Case No.89 of 2022 dated 21.04.2022 under Sections 20(c)/29 of the NDPS Act. (NDPS Case No. 104 of 2022) And In Re: Rajkumar Mandal @ Raj Kumar Mondal ... ... Petitioner Mr. Somnath Adhikary Mr. Biswajit Sarkar ... ... for the petitioner Mr. Arani Bhattacharyya ... ... for the State

1. It is submitted on behalf of the petitioner that he is in custody for more than two years. It is further submitted there is inordinate delay in trial. No witness has been examined till date. Accordingly, he prays for bail.

2. Learned Advocate for the State opposes the prayer for bail.

3. We have considered the materials on record. Though narcotics i.e. 23 kgs. of Ganja, which is above commercial quantity was recovered from the petitioner and co-accused, he is in custody for more than two years. No prosecution witness has been examined till date. Delay in the matter cannot be attributed to the defence.

4. Under such circumstances, we are of the opinion petitioner has been able to make out a case of breach of his fundamental right to speedy trial and is entitled to bail on this score. Bail prayer on the ground of inordinate delay in trial is not fettered by restrictions under Section Signed By : ARUP KUMAR DAS High Court of Calcutta 28 th of March 2024 02:03:30 PM

37 of the NDPS Act. Reference in this regard may be made to Rabi Prakash vs. The State of Odisha1.

5. Therefore, the accused/petitioner, namely Rajkumar Mandal @ Raj Kumar Mondal, be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Judge, Special Court under the NDPS Act-cum-Additional District & Sessions Judge, 2nd Court, Berhampore, Murshidabad subject to condition that the said 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 or commit similar offences in future.

6. In the event he fails to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court.

7. The application for bail, thus, stands allowed. (Partha Sarathi Sen, J.) (Joymalya Bagchi, J.) 1 2023 SCC OnLine SC 1109 Signed By : ARUP KUMAR DAS High Court of Calcutta 28 th of March 2024 02:03:30 PM