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Calcutta High CourtCRM/3848/2021rejected

Mojibar Laskar v. State Of West Bengal

2021-08-02Hon'Ble Justice Shivakant Prasad,Hon'Ble Justice Suvra Ghosh2 pages

51.

02.08.2021 Ct.32 Tanmoy Rejected C.R.M. 3848 of 2021 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed on 31/05/2021 in connection with N.D.P.S. 37/20 arising out of Jibantala Police Station Case No. 326/20 dated 01/07/2020 under Sections 21(C) of the N.D.P.S. Act.

And In the matter of: - Mojibar Laskar ....petitioner.

Mr. Angshuman Chakraborty ...for the petitioner.

Mr. Rana Mukherjee, Ms. Sujata Das, Ms. Debjani Sahu ...for the State.

The petitioner has sought for his release on bail in connection with N.D.P.S. 37/20 arising out of Jibantala Police Station Case No. 326/20 dated 01.07.2020 under Section 21(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, inter alia, on the grounds that the petitioner was arrested on 01.07.2020 and since then he is languishing in jail. He has been incarcerated since then without any trial, though the chargesheet has been submitted before the Court below. Having regard to the commercial quantity of the contraband recovered from the possession of the petitioner, we are not inclined to release the petitioner on bail because of the legal bar under Section 37 of the N.D.P.S. Act. Accordingly, prayer for bail is rejected.

However, we request the learned trial Court to bring the trial to a conclusion as expeditiously as possible. The application for bail being C.R.M. 3848 of 2021 is dismissed.

All parties shall act in terms of server copy of this order downloaded from the official website of this Court. (Suvra Ghosh, J.) (Shivakant Prasad, J.)