Mahesh Mali v. The State Of West Bengal

In the High Court at Calcutta Circuit Bench At Jalpaiguri Appellate Side 28.02.2023 sdas rejected C.R.M. (NDPS) No. 193 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Matigara Police Station Case No. 1122 of 2020 dated 05.11.2020 under Sections 17(c )/23(c ) of the NDPS Act.

And In Re : Mahesh Mali ..... petitioner Mr. Alok Bhowmik ... for the petitioner Mr. Aditi Shankar Chakraborty, learned APP Mr. Kallol Nag ... for the State Learned Counsel for the petitioner submits he is in custody since November, 2020. It is also submitted that there is delay in trial. He is suffering from ailments. He prays for bail. Learned Counsel for the State opposes the prayer for bail.

We have considered the materials on record. Statements of the witnesses and contemporaneous document i.e. seizure memorandum show recovery of narcotics above commercial quantity i.e. 900 grams. of brown sugar from the joint possession of the petitioner and co-accuseds. Trial is in progress. Under such circumstances and in view of statutory restrictions under Section 37 of the NDPS Act, we are not inclined to grant bail to the petitioner.

The application for bail is, thus, rejected.

Medical attention be extended to the petitioner whenever necessary.

Trial court 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 adjournments to either of the parties. (Subhendu Samanta, J.) (Joymalya Bagchi, J.)