Pratap Singh v. Narcotics Control Bereau

110.

03-09-2024 (ct. no.28) debajyoti (rejected) CRM (NDPS) 1232 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure/483 of the Bhartiya Nagarik Suraksha Sanhita in connection with NCB Crime Number 13/NCB/KOL/2022 dated 08-04-2022 under Sections 8(c)/20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

- A n d - In the matter of : Pratap Singh .... Petitioner.

Mr. Sudip Guha, Mr. Pronojit Roy ... For the Petitioner.

Mr. Arun Kumar Maity (Mohanty), Mr. R. R. Mohanty ... For NCB.

Dictated by Arijit Banerjee, J.

The petitioner renews his prayer for bail which was rejected earlier on January 10, 2024.

Allegedly, 1191 kgs. of Ganja was recovered from a truck by BSF personnel. There appears to be prima facie material to show that this petitioner was a conspirator in dealing with the said narcotics. In view of the restriction in Section 37 of the NDPS Act, we are not inclined to grant bail to the petitioner.

However, the petitioner is now in custody for more than one year one month. A citizen's fundamental right to personal liberty and speedy trial cannot be lost sight of. We are told that witness action has begun. The learned trial Court is directed to expedite the trial and conclude the same Signed By :

DEBAJYOTI DAS High Court of Calcutta 5 th of September 2024 11:54:07 AM

on an early date and definitely within ten months from the next date fixed for recording of evidence.

The application for bail being CRM (NDPS) 1232 of 2024 is, thus, dismissed.

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.

(Prasenjit Biswas, J.) (Arijit Banerjee, J.) Signed By :

DEBAJYOTI DAS High Court of Calcutta 5 th of September 2024 11:54:07 AM