Kamal Momin v. The State Of West Bengal

18.04.2024.

14.

Ct.No.28.

as (Allowed) C.R.M. (NDPS) 667 of 2024 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with NDPS Case No.76 of 2022 arising out of Englishbazar P.S. Case No.782 of 2022 dated 20.05.2022 under Section 21(C)/29 of the NDPS Act read with Section 27A of the Drugs and Cosmetics Act. In the matter of : Kamal Momin.

.... Petitioner.

Mr. Mrityunjoy Chatterjee, Mr. Debapriya Majumder, Mr. Arindam Poali.

...for the Petitioner.

Mr. Anand Keshari, Mr. Aritra Bhattacharya.

...for the State.

1.

Petitioner is in custody for one year and eleven months. He submits there is delay in trial. Accordingly, he renews his bail prayer.

2.

Learned Advocate for the State opposes the bail prayer. He submits delay was due to abscondence of co-accused. 3.

We have considered the materials on record. Petitioner is in custody for about two years. Only one witness has been examined. Prosecution proposes to examine seven witnesses in all. Delay is not attributed to the defence. There is little possibility of trial concluding in the near future. 4.

Under such circumstances, we are of the opinion petitioner has been able to make out a case for bail on the ground of delay in trial. Bail prayer on the ground of delay in Signed By : ALOK SETH High Court of Calcutta 19 th of April 2024 03:54:05 PM

trial is not fettered by restrictions under Section 37 of the NDPS Act as held in Rabi Prakash Vs. State of Odisha1 5.

Hence, we are inclined to grant bail to the petitioner. 6.

Accordingly, the petitioner viz., Kamal Momin shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Judge, Special Court under the N.D.P.S. Act, Malda subject to condition that he shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever or commit similar offences in future.

7. In the event petitioner fails to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

8.

This application for bail is, thus, disposed of. (Gaurang Kanth,J.) (Joymalya Bagchi, J.) 1 2023 SCC OnLine 1109 Signed By : ALOK SETH High Court of Calcutta 19 th of April 2024 03:54:05 PM