Barun Mondal v. State Of West Bengal And ORS.

20.10.2020 SL No.7 Court No.12 (gc) CRM 8094 of 2020 (Via Video Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Jibantala P.S. Case No.410/2018 dated 17/09/2018 under Section 21(c) of the N.D.P.S. Act.

And In the matter of: Barun Mondal ....Petitioner.

Mr. Ramashis Mukherjee ...for the Petitioner.

Mr. Rana Mukherjee, Ms. Sujata Das ...for the State.

The petitioner undertakes to affirm and stamp the petition/application as per Rules within one month of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through video conference. The petitioner has prayed for bail in connection with N.D.P.S. case on the ground that he has been languishing in custody for over two years and there is no possibility of the proceedings be concluded in the near future due to pandemic situation. It is further submitted that the police authorities did not file the chemical examination report of the articles alleged to have been seized.

The learned Counsel for the State has produced before us the Case Diary containing the chemical examination report. The chemical examination report shows the items alleged to have been seized from the petitioner as positive.

In view of the fact that the charges have been framed, we direct the learned Additional District Judge, 4th Court, (Special

Judge under NDPS Act), Alipore, S-24 Parganas, to conclude the trial as expeditiously as possible preferably within a period of one year from the date of resumption of normal functioning of the Court without granting any unnecessary adjournment to either parties.

Accordingly, the application for bail being CRM 8094 of 2020 is rejected.

All parties are to act on a website copy of this order on the usual undertaking.

(Aniruddha Roy, J.) (Soumen Sen, J.)