Rabiul Mondal @ Rabi Kana @ Kana Rabi v. The State Of West Bengal

12-06-2024 (ct. no.28) KOLE CRM (NDPS) 875 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Cossipore Police Station Case No. 172 of 2020 dated 01.10.2020 under Sections 21(c)/27(A)/29 of the NDPS Act.

- A n d - In the matter of : Rabiul Mondal @ Rabi Kana @ Kana Rabi .... Petitioner.

Mr. Soumyajit Das Mahapatra, Mr. A. Haque Molla, Ms. Riya Das, ... For the Petitioner.

Mr. Joydeep Biswas, Mrs. Jonaki Saha, ... For the State.

Read order dated June 11, 2024.

Today we have checked up the order sheets. It indeed seems that the petitioner did not participate in the trial with due diligence. Several times the matter was deferred on the request of the petitioner's Counsel. Accordingly, we do not see that the prosecution can be held responsible for the delay in the progress of the trial.

From the material on record, we find that there are prima facie incriminating materials against the petitioner. However, it is stated that only 4 out of 15 witnesses have been examined till date. We are not inclined to allow this application for bail. However, since the petitioner is in custody for a long period of time (three years and three months), we request the learned Trial Court to spare no efforts to expedite the trial and conclude the same as

expeditiously as possible without granting any unnecessary adjournments to either party.

CRM (NDPS) 875 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. ( Apurba Sinha Ray, J. ) ( Arijit Banerjee, J. )