Mangal Karmakar v. State Of West Bengal

09.11.2021 saswata/pk ct 28 C.R.M. 7110 of 2021 sl no. 38 In Re : An application for bail under section 439 of the Code of Criminal Procedure filed on 26.10.2021 in connection with Chakdah P.S. case no. 419 of 2018 dated 25.12.2018 under sections 21(c)/20(b) of the NDPS Act And In Re : Mangal Karmakar ........ petitioner Mr. Kamalesh Chandra Saha ...... for the petitioner Mr. Binoy Panda Ms. Pushpita Saha ...... for the State The petitioner is in custody for more than 3 years. It is submitted by the petitioner that there is slow progress in the trial of the case. Under such circumstances, he renews his prayer for bail. Learned lawyer for the State opposes the prayer for bail. Having considered the statements of the witnesses as well as the seizure memo disclosing involvement of the petitioner in the alleged possession of more than 21 Kgs of ganja, which is above commercial quantity and in the light of the statutory restrictions under section 37 of the NDPS Act, we are not inclined to grant bail to the petitioner.

Accordingly, the prayer for bail is rejected. However, trial court is directed to expedite the trial and conclude the same at an early date preferably within 1 year from the next date fixed for recording evidence without granting adjournment to either of the parties.

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