Allowed

Premjit Roy and Anr. v. the State of West Bengal

Calcutta HC17 Dec 2021CRM/1073/2021

Case brief

AI extract

What is this about?

The Calcutta High Court allowed bail to petitioners in a drug case under the NDPS Act. Considering 107 days of custody, pending investigation, and lack of recovery, the court released them on a bond of Rs. 25,000 each with two sureties of Rs. 25,000 each, subject to specific conditions and trial expedition.

What did the court decide?

Release of petitioners on bail upon furnishing a bond of Rs. 25,000/- each with two sureties of like amount each subject to conditions regarding appearance, non-intimidation, and jurisdiction stay.

Premjit Roy and Anr. Vs the State of West Bengal — Narcotics (NDPS) | Calcutta HC (2021)

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17.12.2021 SL No.46 Court No.1 (gc)

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Circuit Bench of Calcutta High Court At Jalpaiguri

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CRM 1073 of 2021 (Via video Conference)

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In Re:- An application for bail under section 439 of the Code of Criminal Procedure filed in connection with Dinhata Police Station Case No.428 of 2021 dated 20.08.2021 under Sections 21(C)/29 of the NDPS Act.

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And

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Petitioners.

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Mr. Subhasish Misra, Mr. Swarup Das, … For the Petitioners. Mr. A.K. Sarkar, Mr. Sourav Ganguly, … For the State

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We have heard the learned Counsel for the parties.

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The progress report has been filed on behalf of the prosecution. It appears that few of the witnesses are still to be examined and few of the FIR named persons are still at large. The FSL report has not yet been received from the State Drug Control and Research Laboratory, Kolkata. It further appears from the case diary that no recovery was made from the petitioners. The other incriminating evidence against the petitioners, namely, the signature of the petitioners in the seizure list and alleged confessional statements of the Khalasi and Driver indicating petitioners are needed to be assessed at the appropriate stage of the trial. Considering the fact that the petitioners’ custody is over

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107 days and there is no possibility of the trial being commenced in near future, we are inclined to release the petitioners on bail. The prayer for bail is, thus, allowed.

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Accordingly, we direct that the petitioners shall be released on bail upon furnishing a bond of Rs.25,000/- each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Cooch Behar subject to the condition that the petitioners 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 and on further condition that the petitioners shall stay outside the jurisdiction of Dinhata Police Station and shall not enter the said jurisdiction except for meeting the Investigating Officer and/or attending the Court proceeding and shall meet the Investigating Officer once a week until further orders and with a further condition to comply with the provision of Section 437(3) of the Code of Criminal Procedure. We also direct the trial court to expedite the trial and conclude it as expeditiously as possible.

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Accordingly, the application for bail being CRM 1073 of 2021 stands disposed of.

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

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(Biswajit Basu, J.) (Soumen Sen, J.)

Premjit Roy and Anr. v. the State of West Bengal

Case brief

What is this about?

What did the court decide?

Premjit Roy and Anr. v. the State of West Bengal

Case brief

What is this about?

What did the court decide?

What the court decided

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