Dhiren Sikdar v. Union Of India

09.11.2021 saswata/pk ct 28 C.R.M. 7144 of 2021 sl no. 56 In Re : An application for bail under section 439 of the Code of Criminal Procedure filed on 26.10.2021 in connection with NDPS Case No. 63 of 2018 under section 8(c) read with Sections 20(b)ii(c)/28/29 of the NDPS Act And In Re : Dhiren Sikdar.

........ petitioner Mr. Ashok Kumar Chowdhury ...... for the petitioner Mr. Y.J.Dastoor, Ld. ASG Mr. Phiroze Edulji Ms. Amrita Pandey ...... for the State The petitioner is in custody for 3 years and there is a delay in progress of trial Learned ASG opposes the prayer for bail and submits that the petitioner was apprehended with 115 kgs of ganja, which is above commercial quantity.

Having considered the materials on record 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 without granting adjournment to either of the parties. (Aniruddha Roy, J.) (Joymalya Bagchi, J.)