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Calcutta High CourtCRM (NDPS)/976/2024rejected

Prem Pandit v. The State Of West Bengal

2024-07-03Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Apurba Sinha Ray2 pages

03-07-2024 (ct. no.28) KOLE CRM (NDPS) 976 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Chakulia Police Station Case No. 44 of 2022 dated 17.02.2022 under Sections 21(c) of NDPS Act. - A n d - In the matter of : Prem Pandit .... Petitioner.

Mr. Sunabgsgy De, Sr. Adv.

Mr. Navanil De, Mr. T. Ali, Mr. S. Ghosh, ... For the Petitioner.

Mr. Iqbal Kabir, Mr. M. Mahata, ... For the State.

The petitioner says that he is in custody for more than two years and four months. He has been falsely implicated. There is no sufficient evidence against him. He should be immediately enlarged on bail.

Learned Advocate for the State while opposing the prayer for bail points out that 130 bottles of phensedyl was recovered from the possession of the petitioner. Bail prayer of one of the coaccused persons has been rejected by this Court on March 7, 2024. The petitioner is from Bihar. There is sufficient incriminating evidence against him. If granted bail, he is very likely to disappear. We are also told that three out of seven witnesses have been examined.

In view of commercial quantity of contraband being involved, we are not inclined to allow the petitioner's prayer for bail. CRM (NDPS) 976 of 2024 is, thus, dismissed.

However, since the petitioner is in custody for quite some time, we direct the learned Trial Court to expedite the trial to the fullest and conclude the same positively within six months from the next date fixed for recording of evidence.

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. )