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Calcutta High CourtCRM/9819/2020rejected

Sagar Mahanta @ Sagar Mohanta And ANR v. State Of West Bengal

2020-12-17Hon'Ble Justice Joymalya Bagchi (27.06.2011 - 29.08.2020),Hon'Ble Justice Suvra Ghosh2 pages

17.12.2020 Sl. No.45 akd [Rejected] C. R. M. 9819 of 2020 [via video conferencing] In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 24.11.2020 in connection with Balurghat Police Station Case No. 455 of 2019 dated 08.09.2019 under Sections 21(c)/22(c)/23(c)/27A/28/29 of the NDPS Act.

And In Re: Sagar Mahanta @ Sagar Mohanta & Anr.

... ... Petitioners Mr. P. Ghosh .. Advocate Mr. Sagar Saha .. Advocate ... ... for the petitioners Mr. Sanjay Bardhan .. Advocate Ms. Manisha Sharma .. Advocate ... ... for the State Mr. Uttam Basak .. Advocate ... ... for the UOI Statements of witnesses disclose recovery of narcotic substance above commercial quantity i.e. 35 bottles of phensedyl syrup from the joint possession of the petitioners. In view of the aforesaid fact and the statutory restrictions under Section 37 of the NDPS Act, we are not inclined in granting bail to the petitioners. The application for bail is thus rejected.

Trial court however, is directed to expedite the trial and conclude the same at an early date preferably within one year from the next date fixed for recording of evidence without granting unnecessary adjournment to either of the parties.

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)