Mithun Gowala v. The State Of West Bengal

45.

05.07.2023 Court No.1 Tanmoy Ghosh Rejected CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

APPELLATE SIDE CRM (NDPS) 410 of 2023 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973, in connection with NDPS Case No. 80 of 2021 arising out of New Jalpaiguri Police Station Case No. 1026 of 2021 dated 07.09.2021 under Sections 20(b)(ii)(c) of the NDPS Act, 1985.

And In the matter of: - Mithun Gowala ...petitioner.

Mr. Partha Pratim Sarkar, Adv., Mr. Sandip Guha Roy, Adv.

...for the petitioner.

Mr. Aditi Shankar Chakraborty, Ld. APP, Mr. Aniruddha Biswas, Adv.

...for the State.

Heard learned Advocate for the petitioner and learned Advocate for the State at length.

On a perusal of the entire material in the case diary including the seizure list it appears that commercial quantity of contraband articles was seized from the possession of the present accused/petitioner.

Such being the position and in view of the restriction in Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985, we are not inclined to exercise our discretion in favour of the present accused/petitioner and accordingly the prayer for bail is rejected.

However, considering the pendency of the caption mentioned case before the learned trial Court, the learned trial Court is requested to expedite the trial to the extent possible and bring the same to its logical conclusion as expeditiously as possible and preferably within a period of one year from the date of communication of this order.

The application for bail being CRM (NDPS) 410 of 2023 is, accordingly disposed of.

(Arijit Banerjee, J.) (Partha Sarathi Sen, J.)