Krishna Kahar @ Kalu v. State Of West Bengal

19.05.2023 sdas rejected C.R.M.(NDPS) No. 1050 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Chinsurah Police Station Case No. 227 of 2020 dated 09.08.2020 under Section 21(c ) of the NDPS Act.

And In Re : Krishna Kahar @ Kalu .... petitioner Mr. Arunava Ganguly ....for the petitioner Mr. Saryati Datta ...... for the State Learned Counsel for the petitioner submits he is in custody for two years and eight months. It is also submitted there is delay in trial.

Learned Counsel for the State opposes the prayer for bail and submits trial is in progress.

We have considered the materials on record. Two witnesses have been examined. There are materials to show recovery of 1.5 liters of Codeine Mixture from the petitioner. Trial is in progress. Two witnesses have already been examined. Under such circumstances and in view of statutory restrictions under Section 37 of the NDPS Act, we are not inclined to grant bail to the petitioner.

The application for bail is, thus, rejected.

Trial court is directed to expedite the trial and conclude the same at an early date preferably within one year 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 necessary compliance.

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