Sariful Islam v. State Of West Bengal

11.04.2023 Sl. No.16 akd [ALLOWED] C. R. M. (NDPS) 701 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 03.04.2023 in connection with Kaliachak Police Station Case No.723 of 2017 dated 12.10.2017 under Sections 15(c)/29 of the NDPS Act. (NDPS Case No.108 of 2017) And In Re: Sariful Islam ... Petitioner Mr. Sourav Chatterjee Mr. Soumya Nag ... for the petitioner Mr. Ranabir Roy Chowdhury Mr. Mainak Gupta ... for the State It is submitted on behalf of the petitioner that he is in custody for more than five years. It is further submitted there is inordinate delay in trial. Accordingly, petitioner renews his prayer for bail. Learned Advocate for the State opposes the prayer for bail. We have considered the materials on record. It is alleged petitioner was transporting 55 kgs.

of poppy straw. Though he is in custody for more than five years, only one witness has been examined till date. Prosecution proposes to examine 13 witnesses. There is no possibility of the trial concluding in near future. Under such circumstances, we are inclined to grant bail to the petitioner. Therefore, the accused/petitioner, namely Sariful Islam, be released on bail upon furnishing bond of Rs.

intimidate witnesses or tamper with evidence in any manner whatsoever or commit similar offences in future and on further condition that the petitioner, while on bail, shall not leave the jurisdiction of the district of Malda and shall report to the Officer-in-charge, Kaliachak Police Station once in a week until further orders.

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. The application for bail, thus, stands allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)