Prasenjit Biswas v. The State Of West Bengal

02.05.2024 Sl. No.13 akd [Rejected] C. R. M. (NDPS) 756 of 2024 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 23.04.2024 in connection with Airport Police Station Case No.73 of 2022 dated 24.02.2021 under Sections 20(b)(ii)(c)/29 of the NDPS Act.

And In Re: Prasenjit Biswas ... ... Petitioner Mr. Debasis Kar ... ... for the petitioner Md. Zubair Alam Ms. Srilekha Chattopadhyay ... ... for the State

1. Heard the learned Advocates appearing for both the parties.

2. We have considered the materials on record. Statements of witnesses including contemporaneous document i.e. seizure memo disclose recovery of narcotic substance i.e. 215 kgs. of Ganja, which is above commercial quantity from the petitioner. Bail prayer of coaccused viz. Roshan Paswan was rejected in December, 2023. Trial is in progress. Prosecution assures this court that trial shall be concluded within one year from the next date fixed for recording evidence subject to cooperation on behalf of the defence and systemic delays. Under such circumstances and in the light of the assurance given by the prosecution, we are not inclined to grant bail to the petitioner.

3. The application for bail is thus rejected.

4. Trial court is directed to expedite the trial.

5. Parties shall communicate a copy of this order to the trial court for due compliance.

(Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By :

ARUP KUMAR DAS High Court of Calcutta 6 th of May 2024 03:56:56 PM

Signed By :

ARUP KUMAR DAS High Court of Calcutta 6 th of May 2024 03:56:56 PM