Tapajul Islam Laskar v. The State Of West Bengal

23-08-2024 (ct. no.28) S. De (Rejected) CRM (NDPS) 1285 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure.

- A n d - In the matter of : Tapajul Islam Laskar.

.... Petitioner.

Mr. Joy Chakraborty, Mr. Sandip Dinda, ... For the Petitioner.

Mr. Koushik Kundu Mr. Ivan Roy, ... For the State. Order dictated by Arijit Banerjee, J.

1. The petitioner complains that he is in custody for 10 months. On the last six occasions the prosecution witness did not turn up. Only 2 out of 9 witnesses have been examined. There is no possibility of an early conclusion of the trial. He prays for bail.

2. While opposing the prayer for bail, learned advocate for the State says that 30,000 pieces of Yaba tablets were recovered from the joint possession of the accused persons including the petitioner. There is clinching incriminating evidence against the petitioner. A time frame may be indicated within which the trial is to be concluded.

3. In view of huge quantity of contraband items being involved and the restriction in Section 37 of the NDPS Act and also keeping in mind that the petitioner is a resident of another State and there is chance of his absconsion, we are not inclined to allow his prayer for bail, at this stage.

Signed By :

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

4. CRM (NDPS) 1285 of 2024 is dismissed.

5. However, since the petitioner has suffered incarceration for quite a long time, the learned Trial Court is directed to expedite the trial to the fullest extent possible and conclude the same at an early date positively within six months from the next date fixed for recording of evidence.

6. Let this order be communicated by the parties to the learned Trial Court.

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