Mithun Mondal @ Mithun Mandal v. State Of West Bengal

20.10.2020 SL No.10 Court No.12 (gc) CRM 8098 of 2020 (Via Video Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with S.T.F P.S. Case No.13/2019 dated 03.04.2019 under Section 15(c)/29 of the N.D.P.S. Act.

And In the matter of: Sri Mithun Mondal @ Mithun Mandal. ....Petitioner.

Mr. Priyankar Ganguly ...for the Petitioner.

Mr. Sanjay Bardhan, Mr. Palash Chandra Majhi ...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 learned Counsel for the petitioner renews its prayer for bail. It appears that on 16th March, 2020 a Coordinate Bench in CRM 2761 of 2020 rejected the application for bail of the petitioner along with Md. Moklesur Sk. on the ground that the prima facie involvement of the petitioner in dealing in 854 Kgs of poppy straw which is above commercial quantity is prima facie established.

The learned Counsel for the State submits that the FSL report along with charge-sheet has already been collected and filed before the trial court.

In view thereof, the trial court is directed to take steps for consideration for framing of charge at the earliest and in the event charge is framed to take the proceeding to its logical

conclusion without granting unnecessary adjournments to either of the parties. We have been informed that trial court has fixed 10th December, 2020 for framing of charge. We expect that the parties to cooperate with the trial court and no adjournment is sought for by either of the parties on the date fixed. Accordingly, the application for bail being CRM 8098 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.)