Chandan Das v. State Of West Bengal

CRM 4020 of 2021 (Via Video Conference) 22.09.2021 Court No.28 Item No.11 (REJECTED) In Re:- An application for bail under section 439 of the Code of Criminal Procedure filed in connection with Basirhat Police Station Case No. 1355 of 2019 dated 30.11.2019 under Section 21(C) of the NDPS Act;

And Saswata In the matter of : Chandan Das

...Petitioner.

Mr. S.Ghosh ...For the Petitioner Mr. Rana Mukherjee Ms. Sujata Das Ms. Debjani Sahu ... For the State The petitioner has filed the instant application for bail under Section 439 of the Code of Criminal Procedure in connection with Basirhat Police Station Case No. 1355 of 2019 under Section 21(C) of the NDPS Act.

The petitioner is in custody in connection with the aforementioned case having found to possess the commercial quantity of contraband.

The investigation is over and the charge sheet has already been submitted.

Learned Advocate for the State submits that the charges have also been framed and, in fact, the fixture for recording the evidence was also fixed by the Special Court.

Learned Advocate for the petitioner submits that no progress has been made and not even a single witness has been examined as of date.

Both the learned Advocates appearing for the respective parties uniformly submits that the next date is fixed on 24th September 2021 for recording the evidence of the charge-sheeted

witnesses.

Since we do not find any ground to take exception to Section 37 of the NDPS Act, the prayer for bail is, thus, rejected. However, we request the learned Special Judge under the NDPS Court to take up the matter on the said date and endeavor must be shown to bring the case to its logical conclusion at an earliest.

The application for bail being CRM 4020 of 2021 is accordingly dismissed.

(Harish Tandon, J) (Bibek Chaudhuri,J.)