Shantipada Pal v. State Of West Bengal

C.R.M. (NDPS) 1066 of 2023 29.05.2023 Sl. 9 Court No. 4 (sourav/ Chanchal) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed in connection with Narkeldanga Police Station Case No. 309 of 2019 dated 16.09.2019 under Sections 21(c) of the Narcotic Drugs and Psychotropic substances Act, 1985.

And In the matter of: Shantipada Pal ....petitioner.

Mr. Suman De Mr. Joy Chakraborty Mr. Sandip Dinda ...for the petitioner.

Mr. Arijit Ganguly Ms. Puspita Saha ... for the State.

Petitioner is in custody for three years eight months as submitted by the learned advocate appearing for the petitioner. Learned advocate for the petitioner further submits that the prosecution has contributed to the delay while conducting the trial and having regard to the period of detention on any stringent condition, the petitioner may be released on bail. Mr. Arijit Ganguly, learned advocate for the State opposes the prayer for bail and submits that five witnesses have already been examined and few more witnesses are yet to be examined by the prosecution.

Having regard to the period of detention, we direct that in case, the prosecution is unable to complete its evidence by 15th of September, 2023, the learned Special Court on such terms as he deems fit and proper will release the petitioner on bail. Needless to state that any unnecessary dilatory tactics adopted by the accused should also be considered seriously in view of the directions passed above.

With the aforesaid observation C.R.M. (NDPS) 1066 of 2023 is, thus, disposed of.

Urgent photostat certified copy of this order, if applied for, be given to the parties, upon compliance of necessary formalities.

All the parties to act on the basis of server copy downloaded from the official website of the Hon'ble Court. (Tirthankar Ghosh, J.) (Rai Chattopadhyay, J.)