Badsha Sk And ANR v. State Of West Bengal

20.10.2022 Sl. No. 44.

Mithun/ G.S.Das Ct.No.28.

In the High Court at Calcutta Vacation Bench CRM (NDPS) 1285 of 2022 In Re: An application under Section 439 of the Code of Criminal Procedure, 1973 in connection with NDPS Case No. 90 of 2021, arising out of Lalgola Police Station case No. 342 of 2021 dated 21.05.2021 under Sections 21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act. And In the matter of : Badsha Sk. & Anr.

...petitioners.

Mr. Tapodip Gupta ...for the petitioners.

Mr. Binoy Panda, Adv.

Mr. Aniket Mitra ...for the State.

Having heard Learned Advocate for the petitioners and the Learned Public Prosecutor-in-charge and on perusal of the materials on record, we find that the Narcotic Substances of commercial quantity was recovered from the petitioners. In view of the embargo contained in Section 37 of the NDPS Act, we are not inclined to release the petitioners on bail.

Prayer for the bail of the petitioners is Rejected. Considering the fact that the accused are in custody for one year and five months, we direct the Learned Trial Judge to take up hearing of the case expeditiously.

CRM (NDPS) 1285 of 2022 is thus disposed of.

All parties to act on a server copy of this order, duly obtained from the official website of the Hon'ble High Court, Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.

(Biswaroop Chowdhury, J.) (Bibek Chaudhuri, J.)