Hari Roy Chowdhury v. Union Of India

CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI 03.04.2023 Court No.1 (D/L 8) (rejected) CRM (NDPS) 255 OF 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure, 1973 filed on 09.03.2023 in connection with NCB Crime No. 08/NCB/KOL/2018 dated 08.02.2018 under Section 20(b) (ii) (c) of the NDPS Act 1985 corresponding to C.R. (NDPS) Case No.6 of 2018.

And In the matter of: Hari Roy Chowdhury ... Petitioner.

Mr. Biprajit Das ... for the petitioner.

Mr. Sudipto Kumar Mazumdar,DSG Mr. Ajay Kumar Singhania ... for the NCB.

The present case is under Section 20(b) (ii) (c) of the NDPS Act 1985. The prayer for bail is considered in the presence of the learned counsel for the NCB wherein it is submitted that the trial has already been commenced and the cross-examination of PW-4 has been deferred on the prayer of the learned counsel for the defence. It is submitted by the learned counsel for the petitioner that the matter is pending for last five years and the accused is being prejudiced for the long detention, in spite of the direction by this Court for expeditious trial on earlier occasion.

Considering all these facts and the nature of the case, the learned Special Judge is directed to make all endeavor to complete the trial within a period of one year from date of communication of this order.

Learned counsel for the petitioner and the NCB should ensure their cooperation with the Court for the completion of the trial as directed.

The application for bail is, accordingly, rejected at this stage. [SHAMPA DUTT (PAUL), J.] (RAJARSHI BHARADWAJ, J.)