Golam Murshed v. The State Of West Bengal

18-02-2025 (ct. no. 29) KOLE CRM (NDPS) 7 of 2025 In re: An application for bail under Section 439 of the Code of Criminal Procedure/Section 483 of the BNSS in connection with Katwa Police Station Case No. 441 of 2022 dated 16.07.2022 under Sections 18(c)/22/25/27A/28/29 of the NDPS Act. - A n d - In the matter of : Golam Murshed .... Petitioner.

Mr. Sekhar Kr. Basu, Mr. Topodip Gupta, ... For the Petitioner.

Ms. Amita Gour, Md. Kutubuddin, ... for the State.

Dictated by Arijit Banerjee, J:- 1.

The petitioner draws our attention to our order dated September 17, 2024, passed in CRM (NDPS) 1351 of 2024, whereby while rejecting the petitioner's prayer for bail, we had directed the learned Trial Court to expedite the trial as much as possible and conclude the same after recording of evidence of the witnesses and by delivery of judgment by the end of 2024. Learned Advocate for the petitioner says that the said direction has had no effect. The trial is still going on.

2.

Learned State Advocate, with reference to the status report filed in court today, points out that on most of the occasions, the hearing had to be deferred at the instance of the defence. Further, one of the co-accused persons, who was granted bail earlier, absconded. Hence, the trial got delayed and could not be concluded by the end of 2024. However, March 1, 2025 has been

fixed as the next date for examination of witnesses. It is expected that within 2/3 months the trial will conclude. 3.

In view of the aforesaid and keeping in mind the fact that one of the accused persons who was granted bail, absconded, we are not inclined to enlarge the petitioner on bail. 4.

CRM (NDPS) 7 of 2025 is, thus, dismissed.

5.

However, considering that the petitioner is in custody for about two years seven months, we direct the learned trial court to expedite the trial to the fullest and conclude the same as early as possible in the light of the statement made on behalf of the State that the trial should conclude within 2/3 months. 6.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. ( Apurba Sinha Ray, J. ) ( Arijit Banerjee, J. )