Paritosh Talukdar @ Kalu v. State Of West Bengal
30.11.2023 Sl. No.19 akd [ALLOWED] C. R. M. (NDPS) 1844 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 01.11.2023 in connection with Liluah Police Station Case No.155 of 2020 dated 15.06.2020 under Section 20(b)(ii)(c) of the NDPS Act.
And In Re: Paritosh Talukdar @ Kalu ... ... Petitioner Mr. Arunava Ganguly ... ... for the petitioner Md. Anwar Hossain Ms. Baisakhi Chatterjee ... ... for the State
1. It is submitted on behalf of the petitioner that he is in custody for more than three years. It is further submitted there is inordinate delay in trial. Accordingly, he renews his prayer for bail.
2. Learned Advocate for the State opposes the prayer for bail and submits trial is in progress.
3. We have considered the materials on record. Though petitioner is in custody for more than three years, only one witness has been examined till date. Prosecution proposes to examine eight witnesses in all. There is little possibility of trial concluding in the near future. Under such circumstances, we are of the opinion petitioner has been able to make out a case of breach of his fundamental right to speedy trial and he is entitled to bail on this score. Bail prayer on the ground of inordinate delay in trial is not fettered by restrictions under Section 37 of the NDPS Act. Reference in this regard may be made to Rabi Prakash vs. The State of Odisha1.
1 2023 SCC OnLine SC 1109
4. Therefore, the accused/petitioner, namely Paritosh Talukdar @ Kalu, be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Judge, Special Court under the NDPS Act, Howrah subject to condition that the said petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever or commit similar offences in future.
5. In the event he fails to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court.
6. The application for bail, thus, stands allowed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)