Yasin Md @ Washim Mohammad @ Yasim Md v. State Of West Bengal

13.11.2024.

40.

Ct.No.28 as (Rejected) C.R.M. (NDPS) 1665 of 2024 In Re:- An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Special Case No.72 of 2022 arising out of Balurghat G.R.P.S. Case No.1 of 2022 dated 17.09.2022 under Sections 21(c)/22(c)/23(c) of the NDPS Act read with Section 137 of the Indian Railway Act.

In the matter of : Yasin Md. @ Washim Mohammad @ Yasim Md.

... Petitioner.

Ms. Munmun Dutta.

...for the Petitioner.

Mr. Ranadeb Sengupta, Mrs. Sima Biswas.

...for the State.

1.

Petitioner is in custody for two years and one month. He submits there is delay in trial. Accordingly, he prays for bail.

2.

Learned Advocate for the State opposes the bail prayer. He submits all prosecution witnesses except recording officer is to be examined.

3.

We have considered the materials on record. 508 bottles phensedyl syrup containing of codeine phosphate were recovered from the petitioner.

Trial has substantially progressed. Only one prosecution witness is left to be examined.

4.

Under such circumstances, we are not inclined to grant bail to the petitioner either on merits or on the ground of delay in trial.

5.

Accordingly, the prayer for bail of the petitioner is rejected.

Signed By : ALOK SETH High Court of Calcutta 14 th of November 2024 04:44:40 PM

6.

We request the trial court to examine the remaining prosecution witness as expeditiously as possible and conclude the trial within six months from the next date fixed for recording evidence without granting unnecessary adjournment to either of the parties.

(Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By : ALOK SETH High Court of Calcutta 14 th of November 2024 04:44:40 PM