Harpreet Singh @ Happy Bhai v. State Of West Bengal

03.04.2023 Sl. No.7 akd [Rejected] C. R. M. (NDPS) 622 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 28.03.2023 in connection with South Port Police Station Case No.208 of 2018 dated 18.07.2018 under Sections 20(b)(ii)(c)/29 of the NDPS Act. (NDPS Case No.67 of 2018) And In Re: Harpreet Singh @ Happy Bhai ... ... Petitioner Mr. Arindam Jana Mr. Partha Pratim Sinha ... ... for the petitioner Mr. Sanjay Bardhan Ms. Debjani Dasgupta ... ... for the State It is submitted on behalf of the petitioner that he is in custody for over four years.

Learned Advocate for the State opposes the prayer for bail and submits trial has progressed considerably. Four out of nine witnesses have been examined.

We have considered the materials on record. Statements of witnesses including contemporaneous document i.e. seizure memo show interstate transportation of narcotics i.e. 520.6 kgs. of Ganja in a vehicle. Trial is in progress. Four out of nine witnesses have already been examined. 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 petitioner.

The application for bail is thus rejected.

Trial court is directed to expedite the trial and conclude the same at an early date preferably within one year from the next date fixed for recording evidence without granting unnecessary adjournment to either of the parties.

Parties shall communicate a copy of this order to the trial court for due compliance.

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