Rezaul Sardar Alias Raju Sardar v. Union Of India, Ncb Kzu

14.03.2022 Serial no. 33 Dd CRM 6509 of 2021 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with N-141 of 2016 arising out of NCB CRIME NO 33/NCB/KOL/2016 dated 01.09.2016 under Sections 21C and 28 of the Narcotic Drugs and Psychotropic Substances Act.

-AndIn the matter of : Rezaul Sardar alias Raju Sardar ... ...Petitioner Mr. Nimail Ray, Mr. Debangan Bhattacharjee, Advocates ... ... For the Petitioner Mr. Y.J. Dastoor, ld. ASG ... ...For the NCB Petitioner renews the prayer for bail.

Learned advocate appearing for the petitioner submits that the petitioner is in custody in excess of 5 years 4 months. Despite order of this Hon'ble Court and order of the Hon'ble Supreme Court, the trial is yet to be concluded. He, in his usual fairness, submits that last three dates were fixed for the purpose of recording statement under Section 313 of the Criminal Procedure Code.

The Narcotic Control Bureau is represented by learned Additional Solicitor General. He submits that the evidence of the prosecution was closed on December 18, 2021.

Considering the gravity of the offence and the fact that commercial quantity of narcotic was recovered form the possession of the petitioner, we are of the view that the petitioner is unable to overcome the restrictions under

Section 37 of the NDPS Act, 1985. It cannot be said that the prosecution was indolent at the trial. There is no material to establish such fact. Moreover, the trial is at the stage of recording the statement of the accused under Section 313 of the Criminal Procedure Code. At this crucial stage, question of enlarging the petitioner on bail does not arise.

In such circumstances, we are not inclined to grant bail to the petitioner.

Prayer for bail of the petitioner is rejected. CRM 6509 of 2021 is dismissed.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)