Baljit Singh And ANR. v. Customs Represednted By Superintendent Of Customs

23-08-2024 (ct. no.28) KOLE CRM (NDPS) 1303 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Seizure Case No. s/c/ No. 01/CL/NDPS/Poppy Husk/BCPU/CCP/WB/2022-23 of 2022 dated 22.08.2022 under Section 15(C)/29 of NDPS Act. - A n d - In the matter of : Baljit Singh & Anr.

.... Petitioners.

Mr. Arnab Chatterjee, Mrs. D. Biswas, Ms. P. Bose, ... For the Petitioners.

Mr. Vipul Kundalia, Mr. A. Roy, ... For the Custom Authorities.

Order dictated by Apurba Sinha Ray, J.:

1.

Learned Advocate for the petitioners submits that the petitioners are in custody for more than two years and considering the period of detention, they may be enlarged on bail on any condition. The petitioners are the driver and khalasi of the concerned truck.

2.

Learned Advocate for the Customs Authorities submits that delay, if any, has been caused due to the absconsion of the other accused persons involved in this case. There are 5 witnesses. If the prosecution is given six months' time, the entire trial will be concluded by that time.

3.

We have considered the rival submissions of the learned Advocates appearing for the parties and we find that there are sufficient incriminating materials as 463 kgs of poppy straw husks were seized from the truck in question, against the present petitioners.

4.

In view of the aforesaid, we are not inclined to enlarge the petitioners on bail, at this stage.

5.

CRM (NDPS) 1303 of 2024 is, thus, dismissed.

6.

The learned Trial Court is requested to conclude the trial of the case by 31st January, 2025.

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. )