Ibrahim Mondal v. The State Of West Bengal

28-06-2024 (ct. no.28) KOLE CRM (NDPS) 1018 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with English Bazar Police Station Case No. 1576 of 2022 dated 19.10.2022 under Section 22(c) of the NDPS Act and Sections 25(i)(a) of the Arms Act. - A n d - In the matter of : Ibrahim Mondal .... Petitioner.

Mr. Tapodip Gupta, ... For the Petitioner.

Mr. Atif Ahmed Siddiqui, ... For the State.

The petitioner says that he is in custody for one year and eight months. Trial has not progressed satisfactorily. He prays for bail.

We see that allegedly twenty five thousand yaba tables were seized from the petitioner. This is much beyond the commercial quantity. Keeping in mind the restrictions in Section 37 of the NDPS Act, we are not inclined to grant bail to the petitioner at this stage.

Learned Advocate for the State says that two charge sheet named witnesses have already been examined. All efforts will be made to conclude the trial at an early date.

Keeping in mind the importance of a citizen's fundamental right to personal liberty and speedy trial and since the petitioner has been in custody for quite some time, we direct the learned Trial Court to conclude the trial as soon as possible and definitely within six months from the next date fixed for recording of evidence.

We make it clear that if within the time period indicated herein trial is not concluded, the petitioner will be at liberty to renew his prayer for bail. Parties are directed to communicate this order to the learned Trial Court.

CRM (NDPS) 1018 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. )