Milan Mondal v. State Of West Bengal

19.

07-01-2025 (ct. no.29) debajyoti (rejected) CRM (NDPS) 1741 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 Chapra Police Station Case No.217 of 2023 dated 18-04-2023 under Sections 21(C)/29 of the Narcotic Drugs and Psychotropic Substances Act.

- A n d - In the matter of : Milan Mondal .... Petitioner.

Mr. Sumanta Das, Mr. Avilash Tripathi, Ms. Suman Biswas ... For the Petitioner.

Mr. Avishek Sinha, Mr. Dipankar Mahata ... For the State.

Dictated by Arijit Banerjee, J.

1. Report filed by the State be kept with the records.

2. We are conscious that the petitioner is in custody for about 1 year 9 months. We also see that witness action has not yet begun.

3. However, we also cannot lose sight of the fact that about 1000 bottles of Phensedyl Syrup containing Codeine Phosphate was recovered from the petitioner's house. The delay in progress of the trial appears to be substantially due to absconsion of a co-accused person. Now the trial is set to begin. The report of the State indicates that it is expected Signed By :

DEBAJYOTI DAS High Court of Calcutta 7 th of January 2025 06:23:59 PM

that the trial would conclude by the end of June, 2025, i.e., within the next six months.

4. In view of the huge amount of contraband items having been seized from the petitioner's house, we are not inclined to allow his prayer for bail, at this stage.

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

6. However, we request the learned trial Court to expedite the trial to the fullest extent possible, by fixing frequent schedules for examination of witnesses and to conclude the same on an early date and if possible, within the time period indicated in the report filed before us by the State.

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 06:23:59 PM