Rashid Ali Molla v. State Of West Bengal

05.07.2023 Sl. No.25 akd [ALLOWED] C. R. M. (NDPS) 1063 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 19.05.2023 in connection with North Port Police Station Case No.56 of 2020 dated 23.07.2020 under Sections 21(c)/29 of the NDPS Act. (NDPS Case No.26 of 2020) And In Re: Rashid Ali Molla ... ... Petitioner Mr. Joy Chakraborty Mr. Sandip Dinda ... ... for the petitioner Md. Anwar Hossain Mr. Pratick Bose ... ... 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 trial is in progress.

We have considered the materials on record. Petitioner is in custody for more than three years. However, only one witness has been examined in full till date. Delay in the matter cannot be attributed to the petitioner. Under such circumstances, we are of the opinion petitioner has been able to make out a case of breach of his fundamental right to speedy trial and he is entitled to bail on this score. Bail prayer on the ground of inordinate delay in trial is not fettered by restrictions under Section 37 of the NDPS Act.

Therefore, the accused/petitioner, namely Rashid Ali Molla, be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Judge, Special Court,

under the NDPS Act, Bench-I, City Sessions Court, Calcutta subject to condition that the said petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever or commit similar offences in future.

In the event he fails to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court. The application for bail, thus, stands allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)