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Calcutta High CourtCRM (NDPS)/1328/2024rejected

Imran Ali @ Nepali v. The State Of West Bengal

2024-09-04Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Prasenjit Biswas2 pages

04-09-2024 (ct. no.28) KOLE CRM (NDPS) 1328 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Kamarhati Police Station Case No. 25 of 2022 dated 14.05.2022 under Section 21(C) of NDPS Act. - A n d - In the matter of : Imran Ali alias Nepali .... Petitioner.

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

Mrs. Rituparna Ghosh, Mrs. D. Das, ... For the State.

Order dictated by Arijit Banerjee, J.:

1.

The petitioner renews his prayer for bail which was rejected twice, lastly on January 9, 2024. He says that he is in custody for two years and five months. It is anybody's guess as to when the trial will conclude.

2.

Learned Advocate for the State says that seven out of nine witnesses have already been examined. PW 8 has also been examined in part. There are sufficient incriminating materials against the petitioner.

3.

From the material on record, we find that three liters of codeine mixture was seized from the petitioner's exclusive possession. In view of the restrictions in Section 37 of the NDPS Act, we are not inclined to grant bail to the petitioner. 4.

CRM (NDPS) 1328 of 2024 is, thus, dismissed.

5.

However, since the petitioner is in custody for an appreciable period of time, we direct the learned Trial Court to conclude the trial at the earliest and definitely within three months from the next date fixed for recording of evidence.

6. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. ( Prasenjit Biswas, J. ) ( Arijit Banerjee, J. )