Hasina Bibi v. The Narcotic Control Bureau

23.

04-09-2024 (ct. no.28) debajyoti (rejected) CRM (NDPS) 1296 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 No.01/NCB/KOL/2023 under Sections 8(c) & 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act.

- A n d - In the matter of : Hasina Bibi .... Petitioner.

Mr. Arunava Ganguly, advocate-on-record ... For the Petitioner.

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

Dictated by Arijit Banerjee, J.

33 kgs. of Ganja was seized from three accused persons including this petitioner. In view of commercial quantity of contraband being involved, we are not inclined to allow the petitioner's prayer for bail.

Learned advocate for the petitioner says that although the petitioner was arrested on January 03, 2023, she was not produced before the Magistrate before January 05, 2023. He further says that the mandatory guidelines relating to search and seizure have also not been followed. As regards the points raised by the petitioner, she will be at liberty to urge the same at the trial. However, the petitioner is in custody for about 606 days. We are told that there are 5/6 witnesses that the prosecution wishes to examine. We direct the learned trial Court to expedite the trial to the fullest extent by holding day to day trial and conclude the same within six months from Signed By :

DEBAJYOTI DAS High Court of Calcutta 5 th of September 2024 07:10:32 PM

the next date fixed for recording of evidence, without granting unnecessary adjournments to either of the parties. The application for bail being CRM (NDPS) 1296 of 2024 is, thus, dismissed.

We clarify that in the event the trial is not concluded within the time period indicated herein, the petitioner will be at liberty to renew her 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.

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

DEBAJYOTI DAS High Court of Calcutta 5 th of September 2024 07:10:32 PM