Akash Biswas v. The State Of West Bengal

10-06-2024 (ct. no.28) KOLE CRM (NDPS) 849 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Gaighata Police Station Case No. of dated 19.10.2023 under Sections 21(c)/25/25A/27A/29 of the NDPS Act.

- A n d - In the matter of : Akash Biswas .... Petitioner.

Mr. Jayanta Narayan Chatterjee, Mr. Jay Chakraborty, Mr. Sandip Dindu, ... For the Petitioner.

Mr. Debasish Roy, Ld. PP.

Mr. Manoranjan Mahata, ... For the State.

The petitioner says that he is in custody since November 1, 2023. There was no recovery of contraband item from him. He has no truck with the alleged crime. The house from where recovery Signed By :

ABHIJIT KOLE High Court of Calcutta 10 th of June 2024 06:11:36 PM was made does not belong to the petitioner. His father has been arrested and is in custody.

Learned Public Prosecutor produces the case diary and draws our attention to the materials contained therein. He says that this is a big racket where the father and son are also actors. From different properties of the present petitioner, incriminating deeds and articles have been seized by the investigating authority. Although charge has been framed, the petitioner should not be released on bail as there is every likelihood of the petitioner being involved in similar activities once released from custody. We have considered the rival contentions of the parties. On an overall assessment of the facts and circumstances of the

case, the material on record and the possible extent of complicity of the petitioner in the alleged offence, we are not inclined to grant bail to the petitioner, for the time being.

However, since the petitioner has been in custody for some time, the learned Trial Court is directed to expedite the trial as much as possible and bring the same to its logical conclusion at the earliest and preferably within a period of one year from the date of communication of this order to the learned Trial Court. CRM (NDPS) 849 of 2024 is, thus, disposed of. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. ( Apurba Sinha Ray, J. ) ( Arijit Banerjee, J. ) Signed By :

ABHIJIT KOLE High Court of Calcutta 10 th of June 2024 06:11:36 PM