Dipa Das And ANR v. Union Of India

17.

07-01-2025 (ct. no.29) debajyoti (rejected) CRM (NDPS) 1658 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure/483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with NCB Crime No.09 of 2023 under Section 8(c) read with Sections 22(c), 23 and 29 of the Narcotic Drugs and Psychotropic Substances Act.

- A n d - In the matter of : Dipa Das & Anr.

.... Petitioners.

Mr. Md. Zeeshanuddin, Mr. Syed E. Huda, Mr. Sk. Aptabuddin, Ms. Nabula Akbar ... For the Petitioners.

Mr. Krishnendu Bhattacharya, Mr. Sagar Saha ... For N.C.B.

Dictated by Arijit Banerjee, J.

1. Learned advocate for the petitioners strenuously argued that these petitioners have no role to play in the transaction in contraband items. It is one Biyas Khanna and a Nigerian person who are primarily involved.

2. We have seen the report filed by the Narcotics Control Bureau along with the photocopies of documents including the CDRs. Biyas Khanna is the daughter of the petitioiner no.1 and the mother of the petitioner no.2. Prima facie, there appears to be sufficient incriminating evidence against the petitioners. It seems that the consignments of contraband items used to be sent from the Netherlands in the name of Signed By :

DEBAJYOTI DAS High Court of Calcutta 7 th of January 2025 06:23:32 PM

these petitioners who would then divert the same to Biyas and the Nigerian person.

3. We are told that there are only eleven charge sheet named witnesses. Charge has been framed. February 20, 2025 is the next date fixed before the learned trial Court.

4. In view of the aforesaid, we are not inclined to allow the petitioners' prayer for bail, at this stage.

5. The application for bail is, thus, dismissed.

6. However, considering that the petitioners have been in custody for quite some time, we request the learned trial Court to expedite the trial and conclude the same on an early date.

7. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

8. Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities.

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

DEBAJYOTI DAS High Court of Calcutta 7 th of January 2025 06:23:32 PM