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Calcutta High CourtCRM (NDPS)/1297/2024rejected

Mehtab Begum @ Mehtab Bibi v. State Of West Bengal

2024-08-23Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Apurba Sinha Ray2 pages

23-08-2024 (ct. no.28) KOLE CRM (NDPS) 1297 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Bidhannagar (South) Police Station Case No. 68 of 2023 dated 16.03.2023 under Sections 21(c)/25/27A/29 of NDPS Act.

- A n d - In the matter of : Mehtab Begum @ Mehtab Bibi .... Petitioner.

Mr. Sekhar Kumar Bose, Mr. S. Banerjee, Mr. A. Ganguly, ... For the Petitioner.

Mr. Koushik Kundu, Mrs. Poulami Bose, ... For the State.

Order dictated by Apurba Sinha Ray, J.:

1.

Learned Advocate for the petitioner submits that the petitioner has been languishing in judicial custody for about one year and five months and she is physically handicapped. As investigation is complete, she may be enlarged on bail on any condition.

2.

Learned Advocate for the State opposes the prayer for bail. According to him, previously the petitioner was convicted in a NDPS case and her appeal to the High Court was dismissed. She has served out the sentence. Presently she and her husband were again entangled in this case for possessing huge quantity of contraband items.

3.

Learned Advocate for the State further submits that they propose to adduce only 10 to 12 witnesses out of 25 charge sheet named witnesses.

4.

We have considered the materials in the case diary and we found that there are criminal antecedents of the present petitioner and there are sufficient materials in the case diary against the present petitioner.

4.

In view of the aforesaid, we are not inclined to allow the petitioner's prayer for bail at this stage.

5.

CRM (NDPS) 1297 of 2024 is, thus, dismissed.

6.

However, considering the long detention of the petitioner, the learned Trial Court is directed to conclude the trial within 12 months from the next date of recording of evidence without granting unnecessary adjournments to the parties.

7. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. ( Apurba Sinha Ray, J. ) ( Arijit Banerjee, J. )