Jayanta Bag v. The State Of West Bengal

45.

19-08-2024 (ct. no.28) debajyoti (rejected) CRM (NDPS) 1203 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure/under Section 483 of BNSS, 2023 in connection with Chinsurah Police Station Case No.249 of 2022 dated 19-05-2022 under Section 21(c) of the Narcotic Drugs and Psychotropic Substances Act. - A n d - In the matter of : Jayanta Bag .... Petitioner.

Ms. Sinthia Bala ... For the Petitioner.

Mr. Prasun Kumar Dutta, Ms. Rita Datta ... For the State.

Dictated by Arijit Banerjee, J.

Allegedly commercial quantity of contraband items was recovered from the custody of this petitioner. In view of the restriction in Section 37 of the NDPS Act, we are not inclined to enlarge the petitioner on bail.

However, the petitioner is in custody for about two years. We are told that witness action is over. January 06, 2025 has been fixed as the date for examination under Section 313 of the Code of Criminal Procedure. We are further told that evidence was closed in June, 2024. We do not appreciate as to why the next date has been fixed after six months. In view of the prolonged detention of the petitioner, we direct the learned trial Court to conclude the trial as early as possible and definitely within three months of communication of this order by the parties by preponing the next date fixed for the trial.

We clarify that in the event the trial is not concluded within the time period indicated herein, the petitioner will be at liberty to renew his prayer for bail.

Signed By :

DEBAJYOTI DAS High Court of Calcutta 20 th of August 2024 04:32:33 PM

The application for bail being CRM (NDPS) 1203 of 2024 is, thus, dismissed.

Registry is directed to 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.

(Arijit Banerjee, J.) (Apurba Sinha Ray, J.) Signed By :

DEBAJYOTI DAS High Court of Calcutta 20 th of August 2024 04:32:33 PM