Moarjem Hossain @ Mayajjem v. The State Of West Bengal
22-05-2024 (ct. no.6) KOLE CRM (NDPS) 829 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with English Bazar Police Station Case No. 670 of 2022 dated 30.04.2022 under Sections 22(C)/25/27A/28/29 of the NDPS Act.
- A n d - In the matter of : Moarjem Hossain @ Mayajjem @ Moyajjem Hossain .... Petitioner.
Mr. Amitabha Karmakar, Mr. Arup Kumar Bhowmick, ... For the Petitioner.
Mr. A. Hossain, Mr. Sayan Dev Kumar, ... For the State.
19800 yaba tables i.e, much more that commercial quantity were recovered from the possession of the petitioner and other accused persons. The learned Advocate for the State says that more than 3 kg of yaba tables were recovered from the accused persons.
Learned Advocate for the petitioner says that the seizure list witnesses could not identify the petitioner. One of the accused persons Karim Sk. had approached a Coordinate Bench for bail by filing CRM (NDPS) 2050 of 2023. By an order dated December 21, 2023, such prayer for bail was rejected. The Coordinate Bench requested the learned Trial Court to conclude the trial 'as expeditiously as possible preferably within one year from the next date fixed for recording evidence without granting unnecessary adjournments to either of the parties". We see that period of one year has not yet elapsed. Learned Advocate Signed By :
ABHIJIT KOLE High Court of Calcutta 22 nd of May 2024 03:45:51 PM
for the State says that July 2 and 3, 2024 have been fixed as next dates for trial.
In view of the aforesaid and also keeping in mind the restrictions in Section 37 of the NDPS Act, 1985 we are not inclined to entertain the petitioner's prayer for bail at this stage. CRM (NDPS) 829 of 2024 is, thus, dismissed.
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 03:45:51 PM