Md. Moktar @ Akash @ Md. Muktahar v. The State Of West Bengal

VB

10. 17.10.2022 Ct.28 Tanmoy/TN Rejected CRM (NDPS) 1197 of 2022 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973 in connection with N 30 of 2022 arising out of Lake Town Police Station Case No. 38 of 2022 dated 24/02/2022 under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And In the matter of: - Md Moktar alias Akash alias Md. Muktahar ....petitioner.

Mr. Shashanka Shekhar Saha ...for the petitioner.

Mr. Arijit Ganguly, Ms. Purnima Ghosh ...for the State.

Petitioner prays for bail on pleading that he has been falsely implicated. It has also been submitted by learned Advocate representing the petitioner that the petitioner is in custody for 293 days and there is no significant progress in the trial.

It has also been alleged by the petitioner that the videography was not made at the time of seizure and at the wee hours such seizure was made.

The prayer for bail has been strongly opposed by the learned Advocate for the State upon placing reliance on the seizure list.

We have examined the materials in the case diary and in consideration of the seizure list as well as extent of complicity of

the petitioner in commission of alleged offence we are not inclined to grant bail.

Accordingly, the application being CRM (NDPS) 1197 of 2022 stands rejected.

However, we request the Court below to conclude the trial preferably within a period of three months from the next date fixed for trial.

(Saugata Bhattacharyya, J.) (Moushumi Bhattacharya, J.)