Iftekar Alam @ Mota v. State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

Criminal Miscellaneous Jurisdiction 17-11-2020 k.b/b.r.

Item no.4 Rejected Crt.11 C.R.M 7829 of 2020 Iftekar Alam @ Sona @ Mota & Anr.

-vsThe State of West Bengal (Via video conference) In Re: An application for bail under Section 439 Cr.P.C in T.R. 11 of 2019 arising out of Golabari P.S. Case No. 217 of 2019 dated 12.06.2019 under Sections 20(b) (ii) & C/29 of the NDPS Act, 1985.

Mr. Shekhar Barman ...for the petitioners. Mr. N. Ahmed Md. Anwar Hossain Ms. Amita Gour ... for the State. The advocate-on-record for the petitioners undertakes to affirm and properly stamp the petition as per the rules within one month of resumption of normal functioning of the court. The petition is taken up through video-conference on the basis of such undertaking. Learned advocate for the petitioners submits that about 55 kgs. of contraband (Ganja) were recovered from the joint possession of the petitioners and others. Learned advocate for the petitioners further submits that the petitioners are in custody for about 600 days. Learned advocate for the State opposes the prayer for bail and draws the attention of this Court to several orders. This Court has perused the materials on record and, on appreciation of the facts, we are of the opinion that the petitioners have been unable to overcome the hurdle of Section 37 of the NDPS Act and, as such, the prayer for bail of the petitioners stands rejected.

However, considering the period of detention of the petitioners, let the Ld. Trial Court take steps for expediting the progress of the trial and, if the charges have not been framed on the next date so fixed, the Ld. Trial Court would consider the charge and take subsequent steps. We the aforesaid observations, CRM 7829 of 2020 stand thus disposed of.

All concerned parties shall act in terms of the copy of the order downloaded from the official website of this Court. [Tirthankar Ghosh, J.] [Subrata Talukdar, J.]