Suman Biswas v. State Of West Bengal

05.01.2024 sdas rejected C.R.M.(NDPS) No. 6 of 2024 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Belgharia Police Station Case No. 526 of 2021 dated 07.08.2021 under Section 20(b)(ii)(c ) of the NDPS Act.

And In Re : Suman Biswas .... petitioner Mr. Debasis Kar ....for the petitioner Mr. Pravas Bhattacharya Mr. Arif Ekbal Molla ... for the State 1.

Learned Counsel for the petitioner submits bail prayer of the petitioner was rejected in July, 2023. At the time of rejection trial court was requested to conclude trial expeditiously preferably within one year. It is also submitted that trial court is proceeding at a slow pace and there is no possibility of conclusion of trial within the aforesaid time frame. He prays for bail.

2.

This is hotly contested by the learned Counsel for the State who submits three witnesses have already been examined. One witness has been examined after the direction given by this Court.

3.

In view of the aforesaid facts we are of the opinion prosecution ought to be given adequate opportunity in terms of the order passed by this Court in CRM (NDPS) 1273 of 2023. Perusal of the ordersheet does not show that the prosecution is

indifferent to the direction for early conclusion of trial. Under such circumstances, we are not inclined to re-consider the prayer for bail on the ground of delay in trial at this stage.

4. Application for bail is, thus, rejected.

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