Santosh Ghosh v. The State Of West Bengal

CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI 17.08.2023 Court No.1 (D/L 07) (AK) CRM (NDPS) 550 OF 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure, 1973 filed on 02.08.2023 in connection with Kharibari Police Station Case No.327 of 2022 dated 08.10.2022 under Sections 21(c)/22(c) of N.D.P.S. Act, 1985.

And In the matter of: Santosh Ghosh ... Petitioner.

Mr. Bapi Sarkar Mr. Somraj Paul ...for the petitioner.

Mr. Aditi Shankar Chakraborty Mr. Nilay Chakraborty Mr. Subhasish Misra ... for the State.

The petitioner's prayer for bail was rejected by a coordinate Bench on 4th July, 2023.

Learned counsel appearing for the petitioner is not in a position to show any subsequent development after that date for us to reconsider the position. Counsel submits that there has been inordinate delay in the progress of the trial and also in taking samples of the substance seized from the petitioner.

After hearing learned counsel appearing for the parties, we are of the view that the learned Special Court, Siliguri, should be given a chance to conduct the case but certainly in an expeditious manner.

The next date has been fixed on 11th September, 2023 for production of the first out of twelve witnesses. We expect that the trial will not take an inordinately long time.

CRM (NDPS) 550 of 2023 is accordingly rejected and disposed of in terms of the above.

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