Sahidul Gazi And ANR. v. State Of West Bengal

CRM 4027 of 2021 27.09.2021 Court No.28 Item No.10 (REJECTED) In Re:- An application for bail under section 439 of the Code of Criminal Procedure filed on 08.06.2021 in connection with Baduria Police Station Case No. 214 of 2019 dated 12.05.2019 under Sections 21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act;

Ab And In the matter of : Sahidul Gazi and another.

...Petitioners.

Mr. Angshuman Chakraborty.

...For the Petitioners Mr. Rana Mukherjee, Ms. Sujata Das.

... For the State.

The Advocate-on-record of the petitioners undertakes to affirm and stamp the petition/application as per the Rules within four weeks from date. Subject to such undertaking, the application is taken up for hearing.

The petitioners have filed the instant application for bail under Section 439 of the Code of Criminal Procedure after being arrested in connection with Baduria Police Station Case No. 214 of 2019 dated 12.05.2019 under Sections 21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act.

Indubitably, the commercial quantity of contraband was recovered from the exclusive possession of the petitioners and they are apprehended in connection with the aforementioned case. It transpires in course of hearing that although the chargesheet has been submitted but charges have not been framed as yet. The next date is fixed on 17th November 2021 for consideration of charges.

Since we do not find any grounds to take exception to Section 37 of the Narcotic Drugs and Psychotropic Substances Act, the prayer for bail of the petitioners is rejected. However, we request the learned Judge, Special Court under NDPS Act to frame the charges on the date so fixed and endeavour shall be shown to expedite the trial of the case and bring the case to its logical conclusion as expeditiously as possible and preferably within six months from the date of communication of this order. (Harish Tandon, J) (Bibek Chaudhuri,J.)