Calcutta High CourtCRM (NDPS)/1502/2024rejected

Saheb Sk And ORS. v. State Of West Bengal

2024-09-20Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

20.09.2024 Sr. No. 11 Ct. No. 238.

AB (Rejected) C.R.M. (NDPS) 1502 of 2024 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Baishnabnagar Police Station Case No.190 of 2021 Dated 4.5.2021 under Sections 22C/27A 29 of the NDPS Act In the matter of : Saheb Sk. & Others ....Petitioners.

Mr. Arup Kr. Bhowmick .....For the Petitioners.

Mr. Ranadeb Sengupta Ms. Suchismita Dutta .....For the State.

1. Heard learned Advocates for the parties.

2. Petitioners are in custody for three years and four months. They renew their bail prayer.

3. Learned lawyer for the State opposes the prayer for bail. He contends bail prayer of the petitioner was rejected in September, 2023. 10 witnesses have already been examined. Prosecution proposes to examine only 3 more witnesses.

4. We have considered the materials on record. 15.745 kilograms of methamphetamine tablets were recovered from two vehicles. The consignment was smuggled across international border. Petitioners were present in the said vehicles. They were apprehended at the spot. In this backdrop, their prayer for bail was rejected in Signed By :

APURBA BANDYOPADHYAY High Court of Calcutta 24 th of September 2024 12:33:11 PM

September, 2023. Trial Court was requested to conclude the trial preferably within two years. 10 witnesses have already been examined. Prosecution contends they would examine 3 more witnesses. Keeping in view the fact that trial has substantially progressed, we are not inclined to grant bail to the petitioners either on merits or on the ground of delay in protracted trial.

5. The prayer for bail is rejected.

6. We request the prosecution to take steps to conclude the examination of remaining witnesses within 3 months from the next date fixed before the learned Trial Court and the Trial Court shall make all endeavour to conclude the trial as expeditiously as possible.

(Gaurang Kanth, J.) (Joymalya Bagchi, J.)