Tarikul Biswas Alias Munna v. State Of West Bengal

08.11.2021 tkm/ct 28 C.R.M. 7049 of 2021 sl no. 120 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Swarupnagar P.S case no. 341/2020 dated 12.7.2020 under section 21(c) of the NDPS Act And In Re : Tarikul Biswas @ Munna ........ petitioner Mr. D Kar Mr. S Chowdhury ...... for the petitioner Mr. S Bardhan Mr. P C Majhi ...... for the State Petitioner is in custody for 480 days. It is submitted that there is slow progress in the matter in spite of direction given by this court in CRR 460 of 2021.

Learned lawyer for the State opposes the prayer for bail. Statements of witnesses including seizure memo show 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 and the direction given by this court in CRR no. 460 of 2021, we direct the trial court to conclude the trial at an early date preferably within six months from the next date fixed before it without granting unnecessary adjournment to either of the parties.

(Aniruddha Roy, J.) (Joymalya Bagchi, J.)