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Calcutta High CourtCRM (NDPS)/2050/2023rejected

Karim Sk v. The State Of West Bengal

2023-12-21Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth1 pages

21.12.2023 tkm/ct 28 C.R.M. (NDPS) 2050 of 2023 sl no. 34 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with English Bazar P.S. Case No. 670 of 2022 dated 30.4.2022 under sections 22(c)/25/27A/29 of the NDPS Act, And In Re : Karim Sk.

........ petitioner Mr. A Karmakar Mr. A K Bhowmick ...... for the petitioner Mr. Saryati Datta ...... for the State

1. Petitioner is in custody for about two years. There is delay in trial. Accordingly, he prays for bail.

2. Learned lawyer for the State submits date has been fixed for recording evidence.

3. We have considered the materials on record. Statements of witnesses and contemporaneous documents i.e.

seizure memorandum shows recovery of narcotic substance above commercial quantity i.e. 19800 yaba tablets from the petitioner. Date has been fixed for recording evidence.

4. Under such circumstances we are not inclined to grant bail to the petitioner either on merits or on the ground of delay.

5. Accordingly, prayer for bail is rejected.

6. Trial court is requested to conclude the trial as expeditiously as possible preferably within one year from the next date fixed for recording evidence without granting unnecessary adjournments to either of the parties 7.

Parties shall communicate this order to trial court for necessary compliance.

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