Calcutta High CourtCRM (NDPS)/597/2025rejected

D Lungnipa v. State Of West Bengal

2025-07-03Hon'Ble Dr. Justice Ajoy Kumar Mukherjee2 pages

03.07.2025 Suman C.R.M. (NDPS) 597 of 2025 In Re:- An application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, filed in connection with Cossipore Police Station case no. 172 of 2020 dated 01.10.2020 under Sections 21(c)/29/27A of the NDPS Act, 1985.

And In the matter of : D. Lungnipa .... Petitioner Mr. Sandipan Ganguly, Sr. Adv.

Mr. Sourav Paul ...for the Petitioner Ms. Faria Hossain Mr. Mujibar Ali Naskar ...for the State It is submitted on behalf of the petitioner that the petitioner is in custody for about four years eight months and in spite of specific direction to conclude the trial within a period of six months by Hon'ble Supreme Court vide order dated 11th November, 2024, trial has not yet been concluded and as such, on the touchstone of Article 21 of the Constitution of India, he may be released on bail on any terms and conditions.

Learned counsel appearing on behalf of the State submits that after concluding the evidence adduced on behalf of the prosecution, the accused has already been examined under Section 313 of Code of Criminal Procedure and the argument on behalf of the prosecution is also concluded. Today is fixed for hearing further argument on

behalf of the accused and it is expected that within a few days the trial would be concluded and the judgment will be delivered. As such, he opposes the prayer for bail. Having considered the submissions made on behalf of both the parties and that the trial is almost on the verge of completion, the prayer for bail is rejected at this stage. However, the Trial Court is requested to conclude the trial and to deliver the judgment preferably within a period of two months from date.

If the petitioner finds no substantial progress in trial for which delay would not be attributable to the petitioner, he will be at liberty to renew his bail prayer.

Accordingly, C.R.M. (NDPS) 597 of 2025 is disposed of. Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

(Dr. Ajoy Kumar Mukherjee, J.)