Jakir Sk v. The State Of West Bengal

33.

17.09.2024 Court No.28 (A. Nag) Rejected

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (NDPS) 1380 of 2024 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with NDPS Case No. 44/2023 arising out of Palashipara P.S. Case No. 133/2023 dated 08.05.2023 under Section 21(C) of the NDPS Act, 1985. And In the matter of: - Jakir Sk.

...petitioner.

Mr. Angshuman Chakraborty Mr. Shashanka Sekhar Saha ...for the petitioner.

Mrs. Sonali Das Mr. Dipankar Mahata ...for the State.

Dictated by Arijit Banerjee, J.

1. Commercial quantity of heroine was allegedly recovered from the exclusive possession of the petitioner who is the sole accused person in this case. In view of commercial quantity of contraband item being involved, we are not inclined to allow the petitioner's prayer for bail.

2. The petitioner says that he is in custody for one year four months. We find that eight out of fifteen chargesheet named witnesses have already been examined.

3. Keeping in mind the substantial period that the petitioner has spent in custody, we direct the learned trial court to expedite the trial to the fullest extent possible and conclude the same at an early date and definitely within six months from the next date fixed for recording of evidence.

4. The prayer for bail is rejected at this stage.

5. CRM (NDPS) 1380 of 2024 is dismissed.

(Arijit Banerjee, J.) (Apurba Sinha Ray, J.)