Anjuyara Bibi v. State Of West Bengal

01.11.2021 Item No.60 Ct. No 08 Sdas/AJ.

Rejected C.R.M. 6970 of 2021 (via video conference) In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Basirhat Police Station Case No. 193 of 2020 dated 11.02.2020 corresponding to Special Case No. N 47 of 2020 under Section 21 (C) of the N.D.P.S. Act. And In Re : Anjuyara Bibi. ..... petitioner Mr. Toslim Ali.

... for the petitioner Mr. Binay Panda, Ms. Puspita Saha.

... for the State Petitioner is seeking release on bail on the ground of long custody without trial. Mr. Ali, learned advocate for the petitioner submits that the petitioner is in custody for last 612 days and that commercial quantity of contraband containing 10 ltrs. of codeine mixture was allegedly seized from the custody of the petitioner without adhering to legal formalities. Upon hearing the learned advocate for the petitioner and learned advocate for the State and considering the case of seizure of commercial quantity of the contraband articles allegedly from the possession of the petitioner, prayer for bail is rejected as we are of the view that contention regarding non adherence of legal formalities relating to search and seizure can be dealt with by the trial court, however, the learned trial court

is requested to undertake the trial of the case as expeditiously as possible applying the guidelines of Hon'ble Supreme Court in Thana Singh Vs. Central Bureau of Narcotics Case (2013) 2 SCC 603 without granting any unnecessary adjournment to either of the parties.

Accordingly, the application being C.R.M. 6970 of 2021 is dismissed.

(Ananda Kumar Mukherjee, J.) (Shivakant Prasad, J.)