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Calcutta High CourtCRM/7069/2021rejected

Jiarul Sardar v. State Of West Bengal

2021-11-08Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Aniruddha Roy2 pages

08.11.2021 Sl. No.132 akd [Rejected] C. R. M. 7069 of 2021 [via video conferencing] In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 26.10.2021 in connection with Basirhat Police Station Case No. 843 of 2018 dated 28.12.2018 under Section 20(b)(ii)(c) of the NDPS Act.

And In Re: Jiarul Sardar ... ... Petitioner Mr. Kamalesh Ch. Saha ... ... for the petitioner Mr. Debabrata Chatterjee Mrs. Manasi Roy ... ... for the State It is submitted on behalf of the petitioner that he is in custody for about four years.

Learned advocate appearing for the State opposes the prayer for bail.

We have considered the materials on record. Statements of witnesses and seizure memo disclose recovery of narcotic substance i.e. 25 kgs. of Ganja, which is above commercial quantity from the possession of the petitioner.

Under such circumstances and in view of the statutory restrictions under Section 37 of the NDPS Act, we are not inclined in granting bail to the petitioner.

The application for bail is thus rejected.

Trial court however, is directed to expedite the trial and conclude the same at an early date preferably within six months from the next date fixed for recording evidence without granting unnecessary adjournment to either of the parties.

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