Omar Ali Mondal v. State Of West Bengal And ORS.

09.11.2021 saswata/pk ct 28 C.R.M. 7148 of 2021 sl no. 58 In Re : An application for bail under section 439 of the Code of Criminal Procedure filed on 28.10.2021 in connection with Gaighata P.S. case no. 468 of 2021 dated 31.05.2021 under sections 188/379/411 of the Indian Penal Code read with Section 21(c)/29 of the NDPS Act, 1985. And In Re : Omar Ali Mondal ........ petitioner Mr. Supreem Naskar ...... for the petitioner Mr. Saryati Dutta ...... for the State The petitioner prays 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 45 bottles of phensedyl containing codeine mixture, 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 without granting adjournment to either of the parties. (Aniruddha Roy, J.) (Joymalya Bagchi, J.)