Sarjahan Sk v. The State West Bengal

05.07.2023 Item no.51 Court No.1.

AB (Rejected) Calcutta High Court In the Circuit Bench at Jalpaiguri CRM (NDPS) No.439 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.196 of 2021 Dated 20.3.2021 under Sections 21( C) of the NDPS Act And In the matter of: Sarjahan Sk. ......Petitioner. Mr. Megha Chanda ......for the Petitioner.

Mr. Kallol Acharjee, Mr. Sourav Ganguly ......for the State.

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

It is submitted on behalf of the petitioner that considering the long detention of the present accused petitioner, the present application for bail may be considered favourably. Learned Advocate for the State opposes the prayer for bail.

On perusal of the case diary, it appears that 2000 grams of narcotic substance was seized from the joint possession of the present accused petitioner and the other coaccused person. Such being the position and in view of the restriction under Section 37 of the NDPS Act, we are not inclined to exercise our discretion under Section 439 Cr.P.C.

The prayer for bail stands rejected.

CRM (NDPS) No.439 of 2023 is dismissed.

However, it is reported that charge has already been framed. Such being the position, learned Trial Court is requested to expedite the trial and come to a logical conclusion of the same preferably within a year from the date of communication of this order.

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