Rahul Sardar v. State Of West Bengal

29.07.2021 Item no. 75 Court No.32.

S.De.

(rejected) (Via Video Conference) CRM 4022 of 2021 In Re: An application for Bail under Section 439 of the Code of Criminal Procedure filed on 10.06.2021 in connection with Swarupnagar Police Station Case No. 425 of 2019 Dated 24.06.2019 under Section 21 (C) of the NDPS Act. And In the matter of : Rahul Sardar.

......Petitioner.

Mr. Angshuman Chakraborty, Advocate, ......for the Petitioner.

Mr. Anwar Hossain, Advocate, Mr. Narayan Prasad Agarwala, Advocate, Ms. Sreyasree Biswas ......for the State.

The petitioner stands charged under Section 21 (C) of the Narcotic Drugs and Psychotropic Substances Act 1985. His earlier prayer for bail was rejected by an order dated 11th March 2020 passed in CRM 492 of 2020.

Commercial quantity of contraband was recovered from the possession of the petitioner. In view of the statutory restriction under Section 37 of the N.D.P.S. Act, this application must fail.

However, it is submitted that on various dates fixed for trial, the petitioner was not produced in Court by the authorities of the correctional home. If that is true, the same is very unfortunate. The authorities of the Medinipore Central Correction Home are directed to positively produce the petitioner in Court on each and every date that may be fixed for trial.

In view of the fact that the petitioner has been in custody for about two years, we request the learned Trial Court to expedite the trial to the extent the business of the Court may permit.

The application for bail stands rejected.

CRM 4022 of 2021 is, accordingly disposed of. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Suvra Ghosh, J.) (Arijit Banerjee, J.)