Rabiul Sheikh @ Rubel v. State Of West Bengal

rkd 19.08.2021 Ct. No.32 C.R.M. 4271 of 2021 (Through Video Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Raninagar P.S. Case No. 379 of 2018 dated 11/08/2018 under Sections 21(c)/29 of the NDPS Act.

And In the matter of: - Rabiul Sheikh @ Rubel ....petitioner.

Mr. Tapodip Gupta ...for the petitioner.

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

The petitioner is in custody for more than three years. The State says that witness action is in progress. Commercial quantity of contraband item was recovered form the joint possession of the petitioner. We also notice that the petitioner's prayer for bail was rejected earlier by a Coordinate Bench of this Court by an order dated November 5, 2019 passed in CRM 10012 of 2019. In view of the restriction in Section 37 of the NDPS Act, we are not inclined to entertain the petitioner's prayer for bail.

However, since the petitioner has been in custody for more than three years, we request the learned court below to expedite the trial to the extent possible and bring the same to its logical conclusion as soon as the business of the court may permit, preferably within a period of one year from date. The application for bail is, thus, rejected.

CRM 4271 of 2021 is, accordingly, dismissed.

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.)