Rehab Ali Mollah v. The State Of West Bengal

2.

22-08-2024 (ct. no.28) debajyoti (rejected) CRM (NDPS) 1215 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure/Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Technocity Police Station Case No.126 of 2022 dated 06-07-2022 under Sections 21(C)/28/29 of the Narcotic Drugs and Psychotropic Substances Act.

- A n d - In the matter of : Rehab Ali Mollah .... Petitioner.

Mr. Imtiaz Ahmed, Mrs. Ghazala Firdaus, Mr. Mofakkerul Islam, Mr. Sk. Sahidullah, Mr. Debopam Roy, Mr. Mithun Mondal, Mr. Md. Arsalan ... For the Petitioner.

Mr. Koushik Biswas, Mr. Atanu Ghosh ... For the State.

Dictated by Arijit Banerjee, J.

Learned advocate for the State tells us that on August 20, 2024, examination and cross-examination of PW 1 was completed. Out of 13 charge sheet named witnesses, the prosecution proposes to examine only 8, out of whom, 1 witness has already been examined.

In view of commercial quantity of heroin having been allegedly seized from the petitioner, keeping in mind the restriction in Section 37 of the NDPS Act, we are not inclined to grant bail to the petitioner, at this stage. The application for bail being CRM (NDPS) 1215 of 2024 is, thus, dismissed.

Signed By :

DEBAJYOTI DAS High Court of Calcutta 23 rd of August 2024 07:21:58 PM

However, since the petitioner is in custody for more than two years, we direct the learned trial Court to expedite the trial to the fullest extent and conclude the same at an early date and definitely within six months from the next date fixed for recording of evidence.

We clarify that in the event the trial is not concluded within the time period hereinabove mentioned, the petitioner will be at liberty to renew his prayer for bail. 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 23 rd of August 2024 07:21:58 PM