Arabinda Modak@Arabindo Modak@Arabindo Modok@Arobindo Madok@Arbindo Modok@Kalia v. State Of West Bengal
IN THE HIGH COURT AT CALCUTTA
Circuit Bench at Jalpaiguri 30.08.2022 cm/ct 28 C.R.M. (NDPS) No. 261 of 2022 sl. no. 3 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Alipurduar P.S Case No. 174 of 2017 dated 31.03.2017 under Sections 20(b)(ii)(c) of the N.D.P.S. Act. Rejected And In Re : Arabinda Modak @ Arabindo Modak @ Arabindo Madok @ Arobindo Modak @ Aurobinda Modak @ Arbindo Modok @ Kalia. ..... petitioner Mr. Kumar Shantanu ...... for the petitioner Mr. Nilay Chakraborty Mr. Aniruddha Biswas ...... for the State Petitioner submits that he was not in the vehicle which was used to transport narcotic substance. He had been arrested prior to the recovery of narcotics. He is in custody for 5 years. Learned lawyer for the State opposes the prayer for bail. He submits bail prayer of the petitioner was rejected on merits on 2nd August, 2022 in CRM(NDPS) 194 of 2022.
We have considered the materials on record including statements of the official witnesses as well as contemporaneous document namely, seizure list.
From the aforesaid materials it appears petitioner and coaccused were arrested at the time of recovery. Slight variation with regard to the time of arrest as noted in the memo of arrest would not affect the credibility of the case established prima facie from the aforesaid materials on record. That apart, his bail prayer was rejected earlier in August, 2022 and there is no change in
circumstance since then. Hence, we are not inclined to grant bail to the petitioner.
Accordingly, the prayer for bail of the petitioner is rejected. Keeping in mind the protracted period of detention suffered by the petitioner, we consider it prudent to direct the trial court to conclude the trial as expeditiously as possible preferably within six months from the next date fixed for recording evidence. Needless to mention official witnesses must attend the trial court and if they fail to do so without any justifiable cause necessary disciplinary proceedings shall be initiated against them. In the event the official witnesses are unable to attend the court due to official commitments, the trial court shall be at liberty to resort to video conferencing facilities to record their evidence. Copy of this order be communicated to the court below as well as Superintendent of Police Alipurduar for due compliance. ( Ananya Bandyopadhyay, J. ) ( Joymalya Bagchi, J.)