Sahalam Sk v. State Of West Bengal And ORS.

10.12.2021 cm/ct 28 C.R.M. 6439 of 2021 sl no. 58 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Maidan P.S Case No. 64 of 2019 dated 30.07.2019 under Sections 20(b) (ii) (c) /29 of the Narcotic Drugs & Psychotropic Substances Act.

And Rejected In Re : Sahalam Sk.

..... petitioner Md. G.N. Imrohi ...... for the petitioner Mr. Sanjay Bardhan Mr. Saryati Dutta ...... for the State Petitioner is in custody for three year and four months. He prays for bail.

Learned lawyer for the State opposes the prayer for bail and submits that trial is in progress.

Statements of witnesses and contemporaneous documents disclose recovery of 20.550 Kg. of ganja from the joint possession of the petitioner and co-accused.

In view of the aforesaid fact and in the light of the statutory restrictions under Section 37 of the N.D.P.S. Act, we are not inclined to grant bail to the petitioner.

The application for bail is thus rejected.

We, however, request the trial court to proceed with the trial and conclude the same at an early date preferably within six months from the next date fixed for recording evidence without granting unnecessary adjournment.

(Bivas Pattanayak, J.) (Joymalya Bagchi, J.)