Dhiman Roy@Budo v. State Of West Bengal

CRM 4164 of 2021 27.09.2021 Court No.28 Item No.14 (REJECTED) In Re:- An application for bail under section 439 of the Code of Criminal Procedure filed on 15.06.2021 in connection with Gaighata Police Station Case No. 202 of 2020 dated 20.03.2020 under Section 21(C) of the Narcotic Drugs and Psychotropic Substances Act; Ab And In the matter of : Dhiman Roy alias Budo.

...Petitioner.

Mr. Angshuman Chakraborty.

...For the Petitioners Mr. Binay Panda, Ms. Pushpita Ghosh.

... For the State.

The Advocate-on-record of the petitioner 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 petitioner has filed the instant application for bail under Section 439 of the Code of Criminal Procedure after being arrested in connection with Gaighata Police Station Case No. 202 of 2020 dated 20.03.2020 under Section 21(C) of the Narcotic Drugs and Psychotropic Substances Act.

Indubitably, the commercial quantity of contraband was recovered from the exclusive possession of the petitioner and he is apprehended in connection with the aforementioned case. It transpires in course of hearing that although the charges have been framed but not a single witness has been examined. The next date is fixed on 2nd December 2021.

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 petitioner is rejected. However, we request the learned Judge, Special Court under NDPS Act to take up the matter on the next 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 eight months from the date of communication of this order.

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