Murshed Sk v. State Of West Bengal

25.07.2022 sdas rejected C.R.M.(NDPS) No. 826 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Berhampore Police Station Case No. 137 of 2020 dated 08.02.2020 under Section 22(c )/29 of the NDPS Act.

And In Re : Murshed Sk. ..... petitioner Mr. Jisan Iqubal Hossain ....for the petitioner Mr. Saibal Bapuli, learned APP Mr. Arijit Ganguli Mr. Arani Bhattacharyya ...... for the State Learned Counsel appearing for the petitioner submits that the petitioner is in custody for more than three years. He submits that independent witnesses have not been supported the seizure.

Learned Counsel appearing for the State opposes prayer for bail.

Statements of official witnesses and contemporaneous documents show recovery of narcotic substance which is above commercial quantity from the petitioner. Seizure witnesses have admitted their signatures on the seizure memorandum. They have been declared hostile. The impact of their evidence is to be assessed in the light of the incriminating evidence of the official witnesses and other contemporaneous documents. Under such

circumstances, we are not inclined to grant bail to the petitioner at this stage.

The application for bail is, thus, rejected.

Trial court is directed to expedite the trial and conclude the same at an early date preferably within a period of six months from the next date fixed for recording evidence without granting unnecessary adjournment to either of the parties. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)