Rafikul @Kalu Sk v. State Of West Bengal

11.07.2023 Sl. No.26 akd [ALLOWED] C. R. M. (NDPS) 1240 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 05.07.2023 in connection with Kaliachawk Police Station Case No.293 of 2021 dated 12.03.2021 under Sections 21(c)/29 of the NDPS Act. (NDPS Case No.25 of 2021) And In Re: Rafikul @ Kalu Sk.

... Petitioner Mr. Sandip Chakraborty Mr. Kaustav Das ... for the petitioner Mr. Saibal Bapuli .. ld. Addl. Public Prosecutor Mr. Bibaswan Bhattacharya ... for the State It is submitted on behalf of the petitioner that he is in custody for about two years and five months. It is further submitted there is inordinate delay in trial. Accordingly, he renews his prayer for bail. Learned Advocate for the State opposes the prayer for bail. We have considered the materials on record. 300 gms. of Heroin was recovered from the petitioner. Though he is in custody for about 21⁄2 years, only charge has been framed. None of the prosecution witnesses have been examined as yet. Delay in the matter cannot be attributed to the petitioner.

Under such circumstances, we are of the opinion petitioner has been able to make out a case of breach of his fundamental right to speedy trial and he is entitled to bail on this score. Bail prayer on the ground of inordinate delay in trial is not fettered by restrictions under Section 37 of the NDPS Act. Therefore, the accused/petitioner, namely Rafikul @ Kalu Sk., be released on bail upon furnishing bond of Rs.

under the NDPS Act-cum-Additional District Judge, 4th Court, Malda subject to condition that the said petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever or commit similar offences in future.

In the event he fails to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court. The application for bail, thus, stands allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)