Hari Roy Chowdhury v. The Union Of India

09.

19.08.2021 Ct.32 Tanmoy Rejected In The High Court at Calcutta Circuit Bench at Jalpaiguri Appellate Side (Through Video Conference) C.R.M. 794 of 2021 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed on 30/07/2021 in connection with C.R. (NDPS) No. 06 of 2018 and in the matter of NCB Crime No.08/NCB/KOL under Sections 8(c)/22(c) of the N.D.P.S. Act, And In the matter of: - Hari Roy Chowdhury ....petitioner.

Mr. Hillol Saha Podder ...for the petitioner (through V.C.).

Mr. Aditi Shankar Chakraborty, Mr. Ratan Banik ...for the U.O.I. (through V.C.) The petitioner renews his prayer for bail. He submits that he has been in custody since 2018. The case has not progressed at all. Only the first Prosecution witness has been examined. Learned Counsel for the Union of India submits that the delay in the trial has been caused by the Defence by asking for repeated adjournments.

Be that as it may, commercial quantity of contraband items is involved attracting the restriction in Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985. We are not inclined to allow the petitioner's prayer for bail.

Accordingly, the application for bail being C.R.M. 794 of 2021 is dismissed.

However, in view of the lengthy detention of the petitioner, we request the learned Court below to expedite the trial to the extent possible and bring the same to its logical conclusion as soon as the business of the Court may permit. All parties shall act in terms of server copy of this order downloaded from the official website of this Court. (Suvra Ghosh, J.) (Arijit Banerjee, J.)