Jagir Hossain v. The State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI APPELLATE SIDE 01.03.2023. C.R.M. (NDPS) 184 of 2023 20/tkm In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with NJP P.S case no.1184 of 2021 dated 1.11.2021 under sections 21(c)/ 22(c)/25/29 of the NDPS Act.

In the matter of : Jagir Hossain ... Petitioner Mr. J K Bhowmik Mr. S Bhowmik Ms. R Sarkar ...for the Petitioner Mr. Aditi Shankar Chakraborty Mr. K Nag ...for the State.

Petitioner is in custody for 490 days. He submits there is delay in the matter.

Learned lawyer for the State submits delay is due to abscondence of co-accused.

We have considered the materials on record. Statements of witnesses and contemporaneous document i.e. seizure memorandum show recovery of narcotics from a Maruti car. Petitioner was present in the car. Delay in the matter is due to abscondence of co-accused which cannot be attributed to the prosecution.

Under such circumstances and in view of the statutory restriction under section 37 of the NDPS Act we are not inclined to grant bail to the petitioner.

Accordingly, prayer for bail is rejected.

Trial court is directed to exhaust all processes and ensure attendance of absconding accuseds and if their attendance cannot be secured, to declared them as proclaimed offenders and proceed with the trial against the petitioner as expeditiously as possible.

(Subhendu Samanta,J.) (Joymalya Bagchi, J.)