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Calcutta High CourtCRM (NDPS)/808/2024dismissed

Anisur Kha v. The State Of West Bengal

2024-05-22Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Prasenjit Biswas2 pages

22-05-2024 (ct. no.6) KOLE CRM (NDPS) 808 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Bagnan Police Station Case No. 36 of 2022 dated 29.01.2022 under Sections 20(b)(c) of the NDPS Act.

- A n d - In the matter of : Anisur Kha .... Petitioner.

Mr. Devi Priya Mitra, ... For the Petitioner.

Mr. S. S. Imam, Mr. Bikram Mitra, ... For the State.

Commercial quantity of ganja was ceased from the petitioner and other accused persons. The petitioner's prayer for bail was rejected by an order dated October 18, 2022, passed in CRM (NDPS) 1214 of 2022. The petitioner renews his prayer for bail.

The petitioner says that out of five witnesses only one witness has been examined. It is anybody's guess as to when the trial will come to an end. He has already been in custody for two years four months.

Learned Advocate for the State strongly opposes the prayer for bail. He produces the case diary. We have perused the relevant material.

On an overall consideration of the facts and circumstances and the material on record and keeping in mind the restriction in Section 37 of the NDPS Act, 1985, we are not inclined to allow the petitioner's prayer for bail at this stage.

Signed By :

ABHIJIT KOLE High Court of Calcutta 22 nd of May 2024 03:48:41 PM

CRM (NDPS) 808 of 2024 is, thus, dismissed.

However, we direct the learned Trial Court to expedite the trial as much as possible and to bring the trial to its logical conclusion at the earliest and preferably within one year from the date of communication of this order to the learned Trial Court. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. ( Arijit Banerjee, J. ) ( Prasenjit Biswas, J. ) Signed By :

ABHIJIT KOLE High Court of Calcutta 22 nd of May 2024 03:48:41 PM