Calcutta High CourtCRM (NDPS)/570/2024rejected

Farajuddin Biswas v. State Of West Bengal

2024-06-13Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Apurba Sinha Ray2 pages

13-06-2024 (ct. no.28) KOLE CRM (NDPS) 570 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Kaliachak Police Station Case No. 1298 of 2022 dated 10.11.2022 under Sections 21(c)/29 of the NDPS Act read with Section 25(I)(a) of the Arms Act. - A n d - In the matter of : Farajuddin Biswas .... Petitioner.

Md. Kazi Mokhlasur Rahman, ... For the Petitioner.

Mr. Saibal Babuli, Mr. Santanu Deb Roy, ... For the State.

The petitioner renews his prayer for bail. His prayer was rejected by a Coordinate Bench on November 29, 2023. Allegedly commercial quantity of brown sugar was recovered from the possession of the petitioner. The petitioner says that he has no connection with the alleged offence. He is in custody for 611 days. Witness action has not started. He should be released on bail on such conditions as this court may decide. Learned Advocate for the State says that charge has been framed. There are 12 witnesses. There is sufficient incriminating evidence against the petitioner. The petitioner's prayer should not be allowed.

Keeping in mind that commercial quantity of contraband item is involved and the restrictions in Section 37 of the NDPS Act, we are not minded to allow this application for bail at this stage. CRM (NDPS) 570 of 2024 is, thus, dismissed.

Signed By :

ABHIJIT KOLE High Court of Calcutta 13 th of June 2024 06:18:07 PM

However, since the petitioner has been in custody for a very lengthy period of time, we direct the learned Trial Court to expedite the trial as much as possible and bring the same to an early conclusion at the earliest and definitely within a period of one year from the next date of hearing. The parties are directed to communicate this order to the Learned Trial Court. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. ( Apurba Sinha Ray, J. ) ( Arijit Banerjee, J. ) Signed By :

ABHIJIT KOLE High Court of Calcutta 13 th of June 2024 06:18:07 PM