Abu Bakkar Adiki @ Abuu Bakari Sadiki v. Union Of India

18.

23.08.2024 Court No.28 (Tanmoy) Rejected

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (NDPS) 1235 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.

And In the matter of: - Abu Bakkar adiki @ Abuu Bakari Sadiki Mr. Angshuman Chakraborty Mr. Shashanka Shekhar Saha ...for the petitioner.

Mr. Nadeem Sulaiman Mr. Tapan Bhanja ...for UOI/DRI.

Dictated by Apurba Sinha Ray, J.

1. Learned Counsel for the petitioner submits that the petitioner is a resident of Tanzania and he has been falsely implicated in this case. Nothing has been seized from his custody. He came to India for medical purposes. As there is no incriminating evidence, he may be enlarged on bail on any condition that this Court may decide.

2. Learned Counsel appearing for the Directorate of Revenue Intelligence opposes the bail prayer. According to him, the evidence of two witnesses out of 22 witnesses have been recorded and if the petitioner is enlarged on bail at this stage, he may flee away from the territory of India. However, the petitioner was not able to produce any document showing that he came to India for medical purposes. There are Signed By :

TANMOY GHOSH High Court of Calcutta 28 th of August 2024 01:17:17 PM

sufficient incriminating materials showing that he belongs to an international racket of drug peddling.

3. We have considered the materials on record. We do not find any material in the case diary showing that the petitioner had come to India for medical purpose and further there are sufficient incriminating materials in the case diary.

4. Considering the available materials on record, we are not inclined to allow the petitioner's prayer for bail, at this stage.

5. The application being CRM (NDPS) 1235 of 2024 is accordingly dismissed.

6. However, the learned Trial Court is requested to expedite the trial and bring the same to its logical conclusion as early as possible without granting unnecessary adjournment to either of the parties.

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

TANMOY GHOSH High Court of Calcutta 28 th of August 2024 01:17:17 PM