Sanat Bhunia v. State Of West Bengal

14.

18.02.2025 Court No.29 (Tanmoy) Rejected

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (NDPS) 13 of 2025 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023.

And In the matter of: - SANAT BHUNIA ...petitioner.

Mr. Ayan Basu Mr. Sk. Salim Mr. Sumit Routh ...for the petitioner.

Mr. Antarikhya Basu Ms. Afreen Begum ...for the State.

Dictated by Arijit Banerjee, J.

1. Status report filed by the State be kept with the records.

2. From the report we see that the prosecution intends to examine a total of six witnesses although the charge-sheet names 16 witnesses. Four witnesses have already been examined.

3. Learned State Advocate tells us that today and tomorrow have been fixed for examination of the two Investigating Officers who are the last two prosecution witnesses.

4. We, therefore, see that the trial is on the verge of conclusion. 445 Kgs. of ganja (very huge quantity) was allegedly recovered from the accused persons including this petitioner. Considering the restrictions in Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and also the fact that the trial is likely to conclude on an early date, we are not inclined to allow the petitioner's prayer for bail, at this stage. Hence, the prayer for bail is rejected.

5. The application being CRM (NDPS) 13 of 2025 is accordingly dismissed.

6. However, keeping in mind that the petitioner is in custody for more than two years and four months, we direct the learned Trial Court to expedite the trial to the fullest extent and conclude the same as soon as possible without granting unnecessary adjournment to either of the parties. We expect that the examination of the last two prosecution witnesses will be completed by tomorrow (19.02.2025).

7. Report filed by the State mentions that the trial will be concluded within a period of 2-3 months. In the event the trial is not concluded within that period, the petitioner will be at liberty to renew his prayer for bail.

8. Parties to communicate this order to the learned Trial Court. (Apurba Sinha Ray, J.) (Arijit Banerjee, J.)