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Calcutta High CourtCRM (NDPS)/1029/2023rejected

Sudip Ranjan Das@Bumba v. State Of West Bengal

2023-05-19Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

19.05.2023 Sl. No.14 akd [Rejected] C. R. M. (NDPS) 1029 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 16.05.2023 in connection with Liluah Police Station Case No.315 of 2019 dated 07.12.2019 under Sections 20(b)(ii)(c)/29 of the NDPS Act.

And In Re: Sudip Ranjan Das @ Bumba ... ... Petitioner Mr. Soumya Basu Roy Chowdhury ... ... for the petitioner Mr. Sanjay Bardhan Ms. Debjani Das Gupta ... ... for the State It is submitted on behalf of the petitioner that he is in custody for more than three years. 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 five witnesses have already been examined. We have considered the materials on record. Statements of witnesses including contemporaneous document i.e. seizure memo disclose recovery of narcotic substance i.e. 53.33 kgs. of Ganja, which is above commercial quantity from a vehicle. Petitioner and co-accused were present in the vehicle. Trial has progressed considerably. Under such circumstances and in view of the 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 conduct the trial expeditiously by fixing schedules at regular intervals preferably within one year from the next

date fixed for recording evidence without granting unnecessary adjournment to either of the parties.

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

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