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Calcutta High CourtCRM (NDPS)/937/2024rejected

Abhisek Salam v. The State Of West Bengalriyajhapr4@Gmail.Com

2024-06-19Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Gaurang Kanth2 pages

19.06.2024 Sl. No.24 akd [Rejected] C. R. M. (NDPS) 937 of 2024 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 10.06.2024 in connection with STF Kolkata FIR No.15 of 2021 dated 13.08.2021 under Sections 22(c)/29 of the NDPS Act. (NDPS Case No.30 of 2021) And In Re: Abhisek Salam ... ... Petitioner Mr. Rajeev Lochan Chakraborty ... ... for the petitioner Ms. Subhasree Patel ... ... for the State The petitioner says that he has been falsely implicated in this case. There is huge loophole in the case of the prosecution. He is in custody for two years and ten months. There is no substantial progress in the trial. He should be enlarged on bail.

Learned Advocate for the State opposes the prayer. She shows us the seizure list which records recovery of commercial quantity of Yaba tablets from the petitioner. She says there has been some delay in progress of the trial because after initial framing of charge it was detected there was some mistake and finally charge was framed in August 1, 2023. Since then one prosecution witness has been examined and the second witness has been partly examined. Having considered the facts and circumstances of the case and the material on record, we are not inclined to allow the petitioner's prayer at this stage.

The application for bail is, accordingly, rejected. However, considering the fact that the petitioner has been in custody for a substantial period of time, we direct the learned trial court to conclude the trial at the earliest and definitely within a period of eight Signed By : ARUP KUMAR DAS High Court of Calcutta 20 th of June 2024 03:30:05 PM

months from the date of communication of this order by the parties to the learned trial court.

(Arijit Banerjee, J.) (Gaurang Kanth, J.) Signed By : ARUP KUMAR DAS High Court of Calcutta 20 th of June 2024 03:30:05 PM