Bablu Seikh v. State Of West Bengal
08.11.2021 tkm/ct 28 C.R.M. 7030 of 2021 sl no. 107 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Nazat P.S case no. 205/2018 dated 26.7.2018 under section 21(c) of the NDPS Act And In Re : Bablu Seikh ........ petitioner Mr. S S Saha ...... for the petitioner Mr. S Bardhan Mr. P C Majhi ...... for the State We have considered the materials on record. Statements of witnesses as well as seizure memo disclose recovery of narcotic substance i.e. 5.5 ltrs of codeine mixture which is above commercial quantity from the petitioner.
Under such circumstance and in view of the statutory restriction under section 37 of the NDPS, we are not inclined to grant bail to the petitioner.
Accordingly, the prayer for bail is rejected. However, in view of the protracted period of detention already suffered by the petitioner i.e. over three years, we direct the trial court to conclude the trial at an early date preferably within one year from the next date fixed before it without granting unnecessary adjournment to either of the parties. (Aniruddha Roy, J.) (Joymalya Bagchi, J.)