Chaitanya Harijan v. Narcotic Control Bureau

31.08.2023 sdas allowed CRM(NDPS) No. 1465 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with NCB Crime No. 13/NCB/KOL/2020 under Sections 20(b)(ii)(c )/29/35/54 of the NDPS Act.

And In Re : Chaitanya Harijan ...... petitioner Mr. Joy Chakraborty Mr. Sandip Dinda ....for the petitioner Mr. Arun Kumar Maiti Mr. Arunava Ganguly .... for the NCB

1. Learned Counsel for the petitioner submits he is in custody for more than three years. He submits there is inordinate delay in trial. Only one witness has been examined in full. He prays for bail.

2. Learned Counsel for the NCB submits 1133.200 kgs. of Ganja was recovered from a truck. Petitioner was the driver of the truck.

3. We have considered the materials on record. Allegations against the petitioner are grave and bail prayer on merits would attract restrictions under Section 37 of the NDPS Act. But petitioner has sought for bail on the ground of delay in trial. Though the petitioner is in custody for a protracted period of time progress in trial is not appreciable. Delay in trial cannot be attributed to the petitioner. There is little possibility of trial

concluding in the near future. Hence, we are inclined to grant bail to the petitioner.

4. Accordingly, we direct that the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Judge, Special Court under NDPS Act, 3rd Court, Howrah, on further condition that while on bail petitioner shall remain within the jurisdiction of Howrah District except for the purposes of investigation and /or attending court proceeding and also provide the address where he shall reside to the investigating officer and court below and also shall meet the Officer-in-Charge, Howrah Police Station once in a week until further orders. Petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.

5. In the event the petitioner fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

6. The application for bail is, accordingly, allowed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)