Masidur Moumin v. The State Of West Bengal

CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI 22.08.2023 Court No.1 Item No.23 (sg/KS) CRM (NDPS) 594 of 2023 In Re: An application for Bail under Section 439 of the Code of Criminal Procedure, 1973 filed in connection with Matigara Police Station Case No.1086 of 2020 dated 22.10.2020 under Sections 17C/23C of the Narcotic Drugs and Psychotropic Substances Act.

And In the matter of:

Masidur Moumin . .. . . . . .Petitioner.

Mr. Sudhindra Das For the Petitioner.

Mr. Ujjwal Luksom Ms. Namrata Das For the State.

1.

Learned counsel appearing for the petitioner hands up an order passed by the Co-ordinate Bench dated 4th January, 2022, wherein the Co-ordinate Bench was of the view that considering the long detention of the petitioner, the learned Trial Court should expedite the trial and conclude the same preferably within 18 months from date of the order being placed before the learned Trial Court. 2.

Learned counsel submits that despite the direction, only three out of thirteen witnesses have been examined till date.

3.

Learned counsel appearing for the prosecution submits that the next date has been fixed on 20th September, 2023 for continuation of the trial. 4.

Upon considering the submissions made on behalf of the parties, we are of the view that there is an inordinate delay in the conduct of the trial despite a

direction from the Co-ordinate Bench. The petitioner has already been in custody for 1033 days.

5.

However, since the trial is in progress, we are not inclined to allow the prayer for bail. We, however, direct the learned Trial Court to conclude the trial within three months from today. We make it clear that if there is continuing delay, the petitioner shall be entitled to renew the prayer for bail. 6.

CRM (NDPS) 594 of 2023 is accordingly rejected in terms of the above. (PRASENJIT BISWAS,J.) (MOUSHUMI BHATTACHARYA,J.)