Rahul Malakar And ORS v. State Of West Bengal

09.12.2020 Sl. No.40 akd [Rejected] C. R. M. 10072 of 2020 [via video conferencing] In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 01.12.2020 in connection with Kotwali Police Station Case No.

of dated 07.11.2017 under Sections 379/411/413/34 of the Indian Penal Code and Section 20(b) of the NDPS Act.

And In Re: Rahul Malakar & Ors.

... ... Petitioners Mr. Anirban Banerjee .. Advocate ... ... for the petitioners Mr. Aditi Sankar Chakraborty .. Ld. Addl. Public Prosecutor Mr. Biswarup Roy .. Advocate ... ... for the State Having considered the materials on record disclosing prima facie involvement of the petitioners in dealing in narcotic substance i.e. 22.3 kgs. of Ganja, which is above commercial quantity and in view of 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 evidence without granting unnecessary adjournment to either of the parties.

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