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Calcutta High CourtCRM (NDPS)/1783/2024rejected

Khateja Bibi v. State Of West Bengal

2025-01-21Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Apurba Sinha Ray2 pages

16.

21.01.2025 Court No.29 (Tanmoy) Rejected

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (NDPS) 1783 of 2024 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Asansol P.S. Case No. 392/2023, dated 14.9.2023.

And In the matter of: - Khateja Bibi ...petitioner.

Mr. Saryati Dutta Mr. Sanjib Kr. Dan ...for the petitioner.

Mr. Soumik Ganguli Mr. Dipankar Mahata ...for the State.

Dictated by Arijit Banerjee, J.

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

2. From the status report dated January 3, 2025, which was filed by the State on January 7, 2025, we see that as on January 3, 2025, the prosecution proposed to examine seven witnesses out of 17 charge-sheet named witnesses. We are today told by learned State Counsel that two prosecution witnesses have been examined in full. PW3 could not be examined on the last date because defence took adjournment.

3. We further see that the trial is progressing and no delay in progress of trial can be attributed to the prosecution.

4. In view of commercial quantity of narcotics being involved, keeping in mind the restrictions in Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985, we are not Signed By :

TANMOY GHOSH High Court of Calcutta 22 nd of January 2025 04:11:20 PM

inclined to entertain the petitioner's prayer for bail. The prayer for bail is rejected.

5. The application being CRM (NDPS) 1783 of 2024 is accordingly dismissed.

6. However, considering that the petitioner is in custody for about one year and two months, we direct the learned Trial Court to spare no effort to expedite the trial and conclude the same on an early date without granting unnecessary adjournment to either of the parties, if necessary, by fixing frequent schedules. (Apurba Sinha Ray, J.) (Arijit Banerjee, J.) Signed By :

TANMOY GHOSH High Court of Calcutta 22 nd of January 2025 04:11:20 PM