Pranab Biswas @ Pranob v. The State Of West Bengal

23-08-2024 (ct. no.28) KOLE CRM (NDPS) 1300 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with New Barrackpore Police Station Case No. 95 of 2022 dated 03.04.2022 under Sections 20(b)(ii)(C) of NDPS Act.

- A n d - In the matter of : Pranab Biswas alias Pranob .... Petitioner.

Mr. Angshuman Chakraborty, Mr. S. S. Saha, ... For the Petitioner.

Mr. B. Bhattacharyya, Mr. Arka Chakraborty, ... For the State.

Order dictated by Arijit Banerjee, J.:

1.

The petitioner renews his prayer for bail which was rejected on merits on August 8, 2023, i.e., about a year ago. The petitioner says that he is in custody for about one year two months. Only 1 out of 21 witnesses has been examined and that too, after a learned Judge on a criminal revisional application filed by the petitioner, passed a direction for expeditious disposal of the trial. 2.

Learned Advocate for the State while opposing the prayer for bail, draws our attention to the relevant material in the case diary. He says that the petitioner was absconding for 14 months. Witness action has started. A time period may be indicated within which the trial may be concluded.

3.

The petitioner raised a point regarding the ownership of the house from which 56 kgs of ganja was seized. He says that there is nothing on record till now to show that he is the owner. This point does not impress us. Other witnesses are yet to be

examined. There are statements of neighbours showing that from the bedroom of the petitioner the contraband item was recovered. 4.

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

5.

CRM (NDPS) 1300 of 2024 is, thus, dismissed.

6.

However, the trial must be concluded at an early date by taking all necessary steps and we direct the learned Trial Court accordingly. The trial should be concluded expeditiously in terms of the order dated May 9, 2024 in CRR 1306 of 2024.

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. )