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Calcutta High CourtCRM (NDPS)/1405/2022rejected

Sk Jamir Hossain @ Raj v. State Of West Bengal

2022-12-06Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

06.12.2022.

03.

Ct.No.28 as (Rejected) C.R.M. (NDPS) 1405 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Special NDPS Case No.36 of 2019 arising out of Saktigarh P.S. Case No.167 of 2019 dated 14.10.2019 under Sections 21(c) of the NDPS Act.

In the matter of : Sk. Jamir Hossain @ Raj.

... Petitioner.

Mr. Ansuman Bera.

...for the Petitioner.

Mr. Tapan Deb Nandy, Mr. Antarikhya Basu.

...for the State.

Petitioner is in custody for more than three years. He prays for bail.

In view of the aforesaid submission, report with regard to the status of the proceeding and reason for delay was called for.

Report is placed on record. From the report we note delay was due to the intervening pandemic conditions. Prosecution proposes to examine five witnesses. One witness has been examined in part.

In view of the aforesaid circumstances and the materials on record implicating the petitioner in the possession of narcotic substance above commercial quantity, we are not inclined to grant bail to the petitioner.

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

Trial court is directed to conclude the trial at an early date preferably within one year from the next date fixed for recording evidence without granting unnecessary adjournments to either of the parties.

(Ajay Kumar Gupta,J.) (Joymalya Bagchi, J.)