Calcutta High CourtCRM(NDPS)/853/2023allowed

Wasim Akram v. The State Of West Bengal

2023-12-14Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Apurba Sinha Ray2 pages

14.12.2023 sdas allowed CRM(NDPS) No. 853 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Matigara Police Station Case No. 430 of 2021 dated 31.05.2021 under Section 21(c ) of the NDPS Act.

And In Re : Wasim Akram ...... petitioner Mr. Abhishek Sarkar ....for the petitioner Mr. Aditi Shankar Chakraborty, learned APP Mr. Aniruddha Biswas ..... for the State

1. Learned Counsel for the petitioner submits he is in custody for more than two years. There is delay in trial. He prays for bail.

2. Learned Counsel for the State opposes the prayer for bail and submits trial is in progress.

We have considered the materials on record. Though allegations are grave and involve recovery of narcotic substance above commercial quantity prayer for bail has been made on the ground of delay in trial. We note that petitioner is in custody for more than two years. Four out of eleven witnesses have been examined. Delay in the matter cannot be attributed to the petitioner. There is no possibility of trial concluding in the near future.

Under such circumstances, we are of the view fundamental right to speedy trial of the petitioner has been infracted and he is entitled to bail on this score. Bail prayer on the ground of delay in trial is not fettered by restrictions under

Section 37 of the NDPS Act. Reference in this regard may be made to Rabi Prakash vs. State of Odisha1. Hence, we are inclined to grant bail to the petitioner.

4. Accordingly, we direct that the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Judge, Special Court under NDPS Act, Siliguri, subject to the conditions that petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.

5. In the event the petitioner fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

6. The application for bail is, accordingly, allowed. (Apurba Sinha Ray, J.) (Joymalya Bagchi, J.) 1 (2023) SCC Online SC 1109