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Calcutta High CourtCRM (NDPS)/1209/2024rejected

Md. Imtiaj @ Md. Imtiaz v. The State Of West Bengal

2024-08-23Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Apurba Sinha Ray2 pages

16.

23.08.2024 Court No.28 (Tanmoy) Rejected

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (NDPS) 1209 of 2024 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Baruipur P.S. Case No. 1212/2021 dated 14.7.2021.

And In the matter of: - Md. Imtiaj @ Md. Imtiaz ...petitioner.

Mr. Shataroop purkayastha Ms. Jagriti Bhattacharya ...for the petitioner.

Ms. Sreyashee Biswas Mr. Parvej Anam ...for the State.

Dictated by Arijit Banerjee, J.

1. Report filed by the State be kept with the records.

2. The petitioner renews his prayer for bail, which was rejected earlier on April 3, 2024, in CRM (NDPS) 516 of 2024. There has not been any significant change of circumstance since then. Hence we are not inclined to allow the petitioner's prayer for bail.

3. The application being CRM (NDPS) 1209 of 2024 is accordingly dismissed.

4. However, the petitioner complains that he is in custody for more than three years.

5. Learned Advocate for the State says that several witnesses have already been examined. Out of the remaining six charge-sheet named witnesses, two witnesses are proposed to be examined by the prosecution being the Expert of State Signed By :

TANMOY GHOSH High Court of Calcutta 23 rd of August 2024 05:49:18 PM

Drug Control and the Investigating Officer of the case. August 30, 2024 has been fixed as the next date for recording evidence. Since the petitioner has been in custody for a substantial period of time, we direct the learned Trial Court to expedite the trial and conclude the same by delivering judgment by the end of November, 2024, failing which the petitioner will be entitled to renew his prayer for bail.

6. This order shall be immediately communicated by the parties to the learned Trial Court.

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

TANMOY GHOSH High Court of Calcutta 23 rd of August 2024 05:49:18 PM