Mukul Sk @ Mukul Sekh v. The State Of West Bengal

06.06.2022.

12.

Ct.No.28 as (Rejected) C.R.M. (NDPS) 500 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with NDPS Case No.33 of 2018 arising out of Raninagar P. S. Case No.48 of 2018 dated 19.01.2018 under Sections 21(c)/29 of the N. D. P. S. Act.

In the matter of : Mukul Sk. @ Mukul Sekh.

... Petitioner.

Mr. Dipankar Mandal.

...for the Petitioner.

Mr. Sanjoy Bardhan, Mr. Palash Chandra Majhi.

...for the State.

Heard the learned Counsels appearing on behalf of the parties.

Petitioner is in custody for four years five months. It is submitted that he has been falsely implicated in the instant case.

Learned Advocate appearing for the State opposes the prayer for bail.

We have considered the statements of witnesses which prima facie show recovery of narcotic substance above commercial quantity i.e. 120 bottles of phensydel syrup from the possession of the petitioner.

Under such circumstances and in view of the statutory restrictions under Section 37 of the N. D. P. S. Act, we are of the opinion that this is not a fit case to grant bail to the petitioner.

Accordingly, the prayer for bail of the petitioner is rejected.

However, in view of the protracted period of detention suffered by the petitioner, we direct the trial court to conclude the trial as expeditiously as possible preferably within six months from the next date fixed for recording evidence without granting unnenecesary adjournment to either of the parties. (Ananya Bandyopadhyay,J.) (Joymalya Bagchi, J.)