Harindar Chouhan v. State Of West Bengal

23.04.2024 Sl. No.4 akd [Rejected] C. R. M. (NDPS) 658 of 2024 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 04.04.2024 in connection with Dalkhola Police Station Case No.251 of 2021 dated 07.10.2021 under Sections 21(c)/29 of the NDPS Act. (NDPS Case No.81 of 2021) And In Re: Harindar Chouhan ... ... Petitioner Mr. Niladri Sekhar Ghosh Mr. M. Nazar Chowdhury Ms. Sompurna Chatterjee Mr. Sourov Mondal ... ... for the petitioner Mr. Madhusudan Sur .. ld. Addl. Public Prosecutor Mr. Dipankar Paramanick ... ... for the State

1. It is submitted on behalf of the petitioner that he is in custody for about two years and five months. It is further submitted there is inordinate delay in trial. Independent witness did not support the recovery. Accordingly, he prays for bail.

2. Learned Additional Public Prosecutor opposes the prayer for bail and submits five out of seven prosecution witnesses have already been examined.

3. We have considered the materials on record. Narcotics i.e. 15,680 bottles of cough syrup containing codeine phosphate, which is above commercial quantity were recovered from a vehicle. Petitioner was present in the vehicle. Trial is in progress. Five out of seven witnesses have been examined. Official witnesses have proved the recovery. Impact of the independent witness turning hostile requires to be assessed in the light of the other evidence on record. Prosecution assures this court that trial shall be concluded within six Signed By : ARUP KUMAR DAS High Court of Calcutta 24 th of April 2024 05:27:35 PM

months from the next date fixed for recording evidence subject to cooperation by the defence and systemic delays. 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.

4. The application for bail is thus rejected.

5. We direct the trial court to expedite the trial in the light of the assurance given by the prosecution.

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

(Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By : ARUP KUMAR DAS High Court of Calcutta 24 th of April 2024 05:27:35 PM