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Calcutta High CourtCRM(NDPS)/297/2023rejected

Amit Kumar Keshri v. State Of West Bengal

2023-06-07Hon'Ble Justice Soumen Sen,Hon'Ble Justice Raja Basu Chowdhury2 pages

CIRCUIT BENCH OF CALCUTTA HIGH COURT 07.6.2023 AT JALPAIGURI Court No.01 Item No. 15 ar Rejected CRM (NDPS) 297 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Siliguri Police Station Case No. 1072 of 2021 dated 28.8.2021 under Sections 20(b)(ii)(c) of the Narcotics Drugs and Psychotropic Substances Act, 1985.

And In Re: Amit Kumar Keshri .... Petitioner Mr. Arunava Paul ... For the Petitioner Ms. Aditi Shankar Chakraborty Mr. Aniruddha Biswas ... For the State Learned counsel for the petitioner submits that the petitioner is in custody since 28th August, 2021, although charge-sheet has been filed but not a single witness has been examined.

Having considered that there are several discrepancies in the written complaint and the statement recorded under Section 164 of the Cr.P.C., we are not inclined to grant bail to the petitioner. However, having regard to the fact that the charge-sheet has already been filed, we direct the learned Judge, Special Court under NDPS Act, Siliguri to invoke Section 309 of the Cr.P.C and proceed with the trial as expeditiously as possible and shall not grant any adjournment to either of the parties unless it is unavoidable.

Liberty is given to the petitioner to renew his prayer for bail, if there is any unreasonable delay.

Learned counsel for the parties are directed to place this order before the learned trial court for information and doing the needful. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Raja Basu Chowdhury, J.) (Soumen Sen, J.)