Calcutta High CourtCRM (NDPS)/1421/2024rejected

Arjun Rai @ Roy v. The State Of West Bengal

2024-09-17Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Apurba Sinha Ray2 pages

60.

17.09.2024 Court No.28 (Tanmoy) Rejected

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (NDPS) 1421 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.

And In the matter of: - Arjun Rai @ Roy ...petitioner.

Mr. Bibaswan Bhattacharya Ms. Benajir Hasna Mr. Aliul Islam ...for the petitioner.

Mr. Avishek Sinha Mr. Sobhan GAni ...for the State.

Dictated by Arijit Banerjee, J.

1. The petitioner says that he is in custody for about one year and three months. The process of seizure was not videographed in spite of direction to that effect in the case of Kalu S.K., reported at 2022 SCC OnLine Cal 4556. Only two out of 10 charge-sheet named witnesses have been examined. He renews his prayer for bail which was rejected earlier on February 21, 2024.

2. While opposing the prayer for bail, learned State Advocate points out that 2,500 bottles of phesnsedyl syrup containing codeine phosphate were recovered from the petitioner in an Omni vehicle. All efforts will be made to expedite the trial.

3. In view of commercial quantity of contraband items being involved and there being prima facie complicity of the petitioner in the alleged crime and also keeping in mind the Signed By :

TANMOY GHOSH High Court of Calcutta 18 th of September 2024 05:43:43 PM

restrictions in Section 37 of the NDPS Act, 1985, we are not inclined to allow the petitioner's prayer for bail.

4. Hence, the prayer for bail is rejected.

5. The application being CRM (NDPS) 1421 of 2024 is accordingly dismissed.

6. However, keeping in mind the importance of a citizen's fundamental right to personal liberty and speedy trial and considering the fact that the petitioner has been in custoedy for about one year and three months, we direct the learned Trial Court to spare no efforts to expedite the trial and bring the same to its logical conclusion at the earliest but positively within eight months from the next date fixed for recording of evidence.

7. The parties shall immediately communicate this order to the learned Trial Court.

(Arijit Banerjee, J.) (Apurba Sinha Ray, J.) Signed By :

TANMOY GHOSH High Court of Calcutta 18 th of September 2024 05:43:43 PM