Jaswinder Singh And ORS v. The State Of West Bengal

CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI 16.08.2023 Court No.1 (D/L 06) (AK) CRM (NDPS) 443 OF 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure, 1973 filed on 05.06.2023 in connection with Rajganj Police Station Case No.616 of 2022 dated 05.11.2022 under Sections 20(b)(ii)(c)/25/29 of N.D.P.S. Act, 1985. And In the matter of: Jaswinder Singh and others ... Petitioners.

Mr. Jaydeep Kanta Bhowmik Mr. Tushar Debnath Ms. Rikta Sarkar ...for the petitioners.

Mr. Abhijit Sarkar Mr. Sourav Ganguly ... for the State.

A huge quantity of narcotic substances was recovered from the three accused persons before the court.

Learned counsel appearing for the petitioners submits that the charge sheet was submitted on 9th April, 2023 but that there has been no progress in the trial since then.

We have perused the status report and find that four days were fixed for production of the accused persons without any indication of the trial having commenced. The next date is 10th October, 2023 which has also been fixed for production of the accused persons.

Considering the quantity of the narcotic substance seized and the other relevant facts including of recovery of the substance from the accused persons all three of who are before the court, we are not inclined to grant the prayer for bail.

We, however, request the NDPS court, Jalpaiguri to expedite the trial of the matter and make an effort to conclude the same within eight months from today.

Needless to say, the petitioners shall be at liberty to pray for appropriate orders if there is continuing delay in the trial. CRM (NDPS) 443 of 2023 is accordingly rejected in terms of the above.

(PRASENJIT BISWAS, J.) (MOUSHUMI BHATTACHARYA, J.)