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Calcutta High CourtCRM (NDPS)/2104/2023rejected

Subrata Sen @ Pom @ Pam v. State Of West Bengal

2023-12-29Hon'Ble Justice Hiranmay Bhattacharyya,Hon'Ble Justice Supratim Bhattacharya2 pages

D/L. 17 29/12/2023 Court No.8 rp/gc CRM (NDPS) 2104 of 2023 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed on 27.12.2023 in connection with Nimta Police Station Case No.92 of 2022 dated 09.02.2022 under Section 20(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And In the matter of: Subrata Sen @ Pom @ Pam .... Petitioner Mr. Debasis Kar, Mr. Arka Tilak Bhadra ... for the Petitioner.

Mr. Bidyut Kumar Ray, Mr. Gautam Wilson ... for the State.

1. The learned Counsel appearing on behalf of the petitioner submits that the petitioner is in custody since February, 2022 and he further submits that evidence has not yet started. Considering the period of detention, he prays for granting bail.

2. The learned Counsel appearing for the State opposes the prayer for bail.

3. Considering the fact that the contraband substance is of commercial quantity which has been seized from the petitioner and the fact that several schedules have passed by but no evidence has been recorded as yet and also in view of rigours of Section 37 of the NDPS Act, we are not inclined to grant bail to the petitioner.

4. On going through the charge-sheet, it reveals that seven witnesses are to be examined including the I.O.

5. Accordingly, the learned Trial Judge is directed to complete the trial within four months from the next date fixed.

6. The application for bail, being CRM (NDPS) 2104 of 2023 is rejected. (Hiranmay Bhattacharyya, J.) (Supratim Bhattacharya, J.)