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Calcutta High CourtCRM (NDPS)/2001/2023rejected

Samim Mallick v. State Of West Bengal

2023-12-19Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

19.12.2023.

Item No. 55 ap (Rejected) C.R.M. (NDPS) 2001 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure filed on 07.12.2023 in connection with C/W Airport Police Station Case No. 444 of 2021 dated 29.11.2021 under Sections 21(c)/28/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And In the matter of: Samim Mallick.

...Petitioner

Mr. Anirban Chakraborty.

...For the petitioner Mr. Sujan Chatterjee.

....For the State 1.

Learned Advocate for the petitioner submits that his client is in custody for more than three years. He contends that he has been falsely implicated in the instant case. There is slow progress in trial. He prays for bail. 2.

Learned Advocate for the State opposes the prayer for bail and contends that the trial is in progress and number of witnesses have been examined. One of the witness has received threats and a General Diary was recorded. 3.

We have considered the materials on record. Bail prayer of the petitioner was rejected earlier on merits. Trial has progressed considerably. One witness has received threat and a General Diary was recorded.

4.

Under such circumstances, we are not inclined to grant bail to the petitioner at this stage. We, however, direct the trial court to expedite the trial and conclude the same at an early date.

5.

The application for bail of the petitioner is, thus, rejected.

(Gaurang Kanth, J.) (Joymalya Bagchi, J.)