Golam Sk. v. The State Of West Bengal

23-08-2024 (ct. no.28) S. De (Rejected) CRM (NDPS) 1283 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure.

- A n d - In the matter of : Golam Sk.

.... Petitioner.

Ms. Samima Akter Banu, Ms. Shabana Hasin, Ms. Neha Roy, ... For the Petitioner.

Mr. Partha Pratim Das, Ms. Madhumita Basak, ... For the State. Order dictated by Arijit Banerjee, J.

1. 4800 grams of Morphine was allegedly seized from the joint possession of two accused persons including this petitioner. In view of commercial quantity of contraband items being involved, keeping in view restriction in Section 37 of the N.D.P.S. Act, we are not inclined to entertain the petitioner's prayer for bail, at this stage.

2. CRM (NDPS) 1283 of 2024 is dismissed.

3. The petitioner says that he is in custody for 430 days. Charge has not yet been considered.

4. Learned advocate for the State says that September 3, 2024, has been fixed as the date for consideration of charge.

5. We direct the learned Trial Court to ensure that the issue of framing charge is taken up positively on that date in view of the delay in the trial that has already occasioned. If charge is Signed By :

SANDIP DE High Court of Calcutta 23 rd of August 2024 06:03:18 PM

framed against the petitioner, the trial shall be concluded with expedition at the earliest.

( Apurba Sinha Ray, J. ) ( Arijit Banerjee, J. )