Biswajit Das v. The State Of West Bengal

19-08-2024 (ct. no.28) KOLE CRM (NDPS) 1135 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Raghunathganj Police Station Case No. 980 of 2022 dated 09.11.2022 under Section 20(b)(ii)(c)/29 of NDPS Act.

- A n d - In the matter of : Biswajit Das .... Petitioner.

Mr. Soumya Basu Roy Chowdhury, ... For the Petitioner.

Mr. Antarikhya Basu, Ms. Jonaki Saha, ... For the State.

Order dictated by Arijit Banerjee, J.:

1.

We are told that on August 2, 2024, charge has been framed. September 6, 2024, has been fixed as the next date by the learned Trial Court.

2.

We are conscious about the importance of a citizen's fundamental right to personal liberty and speedy trial. However, the same has to be balanced against other factors. Allegedly 400 kgs of ganja was recovered from the joint possession of the two accused persons.

3.

In view of the same, we are not inclined to enlarge the petitioner on bail, at this stage.

4.

CRM (NDPS) 1135 of 2024 is, thus, dismissed.

5.

However, since the petitioner has already been in custody for a long period of time, we direct the learned Trial Court to expedite the trial to the fullest extent possible and conclude the same at an early date and positively within a year from the next date fixed for trial.

6.

We make it clear that if the trial is not concluded within the time indicated herein, the petitioner will be at liberty to renew his prayer for bail.

7. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. ( Apurba Sinha Ray, J. ) ( Arijit Banerjee, J. )