← Library
Calcutta High CourtCRM/3055/2021rejected

Manoj Molla@Monoj Molla And ORS v. State Of West Bengal

2021-08-09Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Suvra Ghosh2 pages

09-08-2021 (ct. no.32) KOLE Disposed of (Via Video Conference) CRM 3055 of 2021 In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Domkal Police Station Case No. 714 of 2019 dated 18.09.2019 under Sections 20(b)(ii)(c) of the NDPS Act.

- A n d - In the matter of : Manoj Molla @ Monoj Molla & Ors. .... Petitioners.

Mr. Arnab Saha, ... For the Petitioners.

Mr. Sanjoy Bardhan, Mr. B. Chatterjee ... For the State.

It is not in dispute that contraband substance above commercial quantity was recovered from the joint possession of the three petitioners. The petitioners submit that they are in custody for about 3 years and only 4 out of 8 witnesses have been examined till date.

The State opposes the prayer for bail and refers to the case diary including the seizure list which, prima facie, reveals that commercial quantity of contraband substance was allegedly recovered from the joint possession of the petitioners.

Having considered the material in the case diary and also as narcotic substance above commercial quantity was recovered from the petitioners, in view of the statutory restrictions under Section 37 of the Narcotic Drugs and

Psychotropic Substances Act, 1985, we are not inclined to grant bail to the petitioners at this stage.

However, considering the period of detention of the petitioners we request the learned Trial Court to conclude the trial as expeditiously as possible without granting unnecessary adjournments to the parties.

Accordingly, CRM No. 3055 of 2021 is disposed of. ( Suvra Ghosh, J. ) ( Arijit Banerjee, J. )