Ritesh Dutta v. State Of West Bengal
11.05.2023 Sl. No.20 akd [ALLOWED] C. R. M. (NDPS) 959 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 03.05.2023 in connection with Watgunge Police Station Case No.177 of 2018 dated 19.08.2018 under Section 20(b)(ii)(c) of the NDPS Act. (NDPS Case No.73 of 2018) And In Re: Ritesh Dutta ... Petitioner Mr. Koushik Kundu Mr. Mithu Das ... for the petitioner Mr. Sanjay Bardhan Ms. Debjani Dasgupta ... for the State It is submitted on behalf of the petitioner that he is in custody for about four years and eight months. It is further submitted there is inordinate delay in trial. Accordingly, he prays for bail. Learned Advocate for the State opposes the prayer for bail and submits three witnesses have been examined. We have considered the materials on record.
Though petitioner is in custody for a protracted period of time, only three out of eight witnesses has been examined till date. There is little possibility of trial concluding in the near future. Delay in the matter cannot be attributed to the petitioner. Under such circumstances, we are of the opinion petitioner has been able to make out a case of breach of fundamental right to speedy trial and he is entitled to bail on this score. Bail prayer on the ground of inordinate delay in trial is not fettered by restrictions under Section 37 of the NDPS Act. Therefore, the accused/petitioner, namely Ritesh Dutta, be released on bail upon furnishing bond of Rs.
must be local, to the satisfaction of the learned Judge, Special Court, under the NDPS Act-cum-Additional District & Sessions Judge, 4th Court, Alipore, South 24-Parganas subject to condition that the said petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever or commit similar offences in future.
In the event he fails to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court. The application for bail, thus, stands allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)