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Calcutta High CourtCRM (NDPS)/1117/2022rejected

Rupchand Mandi @Pom v. State Of West Bengal

2022-09-28Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

28.09.2022.

13. SL Ct.No.28 as (Rejected) C.R.M. (NDPS) 1117 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with NDPS Case No.01 of 2018 arising out of Dadpur P.S. Case No.206 of 2017 dated 25.12.2017 under Sections 20(b)(ii)( c ) of the NDPS Act.

In the matter of : Rupchand Mandi @ Pom.

... Petitioner.

Mr. M. Chatterjee, Mr. A. Bera, Mr. D. Majumder, Ms. S. Biswas.

...for the Petitioner.

Mr. Ranadeb Sengupta.

...for the State.

Petitioner is in custody for more than four years. He submits there is slow progress in the trial of the case. Learned Additional Public Prosecutor opposes the prayer for bail. He submits trial is in progress.

We have considered the materials on record. Statements of witnesses and contemporaneous document show recovery of 22 kgs. of ganja which is above commercial quantity from the possession of the petitioner.

In view of the aforesaid incriminating materials on record and the statutory restrictions under Section 37 of the NDPS Act, we are not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is rejected.

Trial court is requested to expedite the trial and conclude the same at an early date preferably within one year from the

next date fixed for recording evidence without granting unnecessary adjournment to either of the parties. (Ajay Kumar Gupta,J.) (Joymalya Bagchi, J.)