Calcutta High CourtCRM(NDPS)/519/2024allowed

Ranjit Kumar@Ray v. The State Of West Bengal

2024-12-02Hon'Ble Justice Shampa Sarkar,Hon'Ble Justice Partha Sarathi Chatterjee2 pages

02.12.2024 Item No.24 Court No.1 (GB) (Allowed) Calcutta High Court In the Circuit Bench at Jalpaiguri CRM (NDPS) 519 of 2024 In Re: - An application for bail under section 439 of the Code of Criminal Procedure, 1973/Section 483 of the B.N.S.S. 2023 in connection with Jalpaiguri Police Station Case No.169/2023 dated 27.02.2023 under Sections 21(b)(ii)(c)/23(c) of NDPS Act, 1985. And In the matter of: Ranjit Kumar @ Ray.

....Petitioner.

Ms. Suman Sehanabis (Mandal), Ms. Purbasha Sarkar ...for the Petitioner.

Mr. Saikat Chatterjee, Mr. Chattu Roy ... for the State.

1. The petitioner prays for bail on the ground of prolonged incarceration and on the ground of violation of the provisions of the NDPS Act.

2. Learned advocate for the State vehemently opposes the prayer for bail on the ground that commercial quantity of contraband article (ganja) had been seized from the petitioner's possession.

3. We have considered the materials on record. We have considered that the petitioner is in custody for almost two years. Two scheduled dates have been missed, but witness action has not yet commenced. The seizure was made on February 27, 3023, the inventory was made on March 13, 2023 and the sample was sent for chemical examination on March 19, 2023

4. Considering the above materials on record and the fact that there is no possibility of early conclusion of trial we are inclined to grant bail to the petitioner upon furnishing a bond of Rs.25,000/-with two sureties of equal amount each, one of whom must be local, to the satisfaction of the learned Additional and Sessions Judge, 1st Court, under NDPS Act, Jalpaiguri. The petitioner shall appear before the learned trial court on each and every date of hearing and shall not intimidate the witnesses or tamper with any evidence. The petitioner shall not leave the jurisdiction of the trial court. In case of failure to comply with the above directions, the learned trial Judge shall be entitled to cancel the bail without further reference to this Court.

5. The application for bail, being CRM (NDPS) 519 of 2024 is, thus, disposed of.

6. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Shampa Sarkar, J.) (Partha Sarathi Chatterjee, J.)