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Calcutta High CourtCRM (NDPS)/932/2023rejected

Ramesh Yadav @ Ramesh Jadab @ Roy v. State Of West Bengal

2023-05-08Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

08.05.2023.

10.

Ct.No.28 as (Rejected) C.R.M. (NDPS) 932 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection NDPS Case No.59 of 2020 arising out of Chakdah P.S. Case No.248 of 2020 dated 30.08.2020 under Sections 20(b)(ii)(c)/29 of the NDPS Act.

In the matter of : Ramesh Yadav @ Ramesh Jadab @ Roy. ... Petitioner.

Mr. Angshuman Chakraborty, Mr. S. S. Saha.

...for the Petitioner.

Mr. Ranabir Roy Chowdhury, Mr. Mainak Gupta.

...for the State.

Petitioner is in custody for more than two years and eight months. There is delay in trial. He prays for bail. Learned Advocate for the State opposes the bail prayer. He submits bail prayer of the petitioner was rejected earlier on merits.

We have considered the materials on record. Bail prayer of the petitioner was rejected in December, 2021. In the meantime trial has progressed and four witnesses have already been examined. It cannot be said there is no progress in trial.

Under such circumstances and as the materials on record show recovery of narcotics above commercial quantity, we are not inclined to grant bail to the petitioner.

Accordingly, the prayer for bail of the petitioner is rejected.

We request the trial court to conduct the trial with utmost expedition and fix schedules at regular intervals and conclude the trial preferably within two years from the next date fixed for recording evidence without granting unnecessary adjournment to either of the parties. Parties shall communicate this order to the trial court for due compliance.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)