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Calcutta High CourtCRM (NDPS)/1133/2024rejected

Bhutan Giri v. The State Of West Bengal

2024-07-24Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Partha Sarathi Sen2 pages

18.

24-07-2024 (ct. no.28) debajyoti (rejected) CRM (NDPS) 1133 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure read with Section 483 of the BNSS Act in connection with Panchla Police Station FIR Case No.186 of 2023 dated 10-06-2023 under Sections 20b(ii)(c)/29 of the Narcotic Drugs and Psychotropic Substances Act.

- A n d - In the matter of : Bhutan Giri .... Petitioner.

Ms. Devi Priya Mitra ... For the Petitioner.

Mr. Saibal Bapuli, learned A.P.P., Mr. Dipankar Paramanick ... For the State.

Dictated by Partha Sarathi Sen, J.

Learned advocate for the petitioner, while moving the instant application for bail, complains of delay in the progress of the trial since, according to her, not a single witness has yet been examined.

While opposing such prayer, Mr. Bapuli, learned Additional Public Prosecutor, submits before this Court that evidence could not be recorded on account of absence of the Presiding Officer before the trial Court.

It appears that similar such prayer was rejected by a coordinate Bench of this Court on October 10, 2023. It further appears that the State has explained the reason for the alleged delay. It is reported that the next date is fixed on August 09, 2024. Such being the position, we are not inclined to allow the prayer of the petitioner for bail. Accordingly, the prayer for bail is rejected, at this stage. We, however, direct the learned trial Court to expedite the trial to the fullest extent and conclude the same Signed By :

DEBAJYOTI DAS High Court of Calcutta 24 th of July 2024 07:02:22 PM

preferably within one year from the date of communication of this order.

The application for bail being CRM (NDPS) 1133 of 2024 is, thus, dismissed.

Parties shall communicate this order to the learned trial Court.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities.

(Partha Sarathi Sen, J.) (Arijit Banerjee, J.) Signed By :

DEBAJYOTI DAS High Court of Calcutta 24 th of July 2024 07:02:22 PM