In a bail application under CrPC 439 in an NDPS case involving commercial quantity of contraband, this Court dismissed the prayer, noting statutory restrictions and attributing trial delay to the defense.
Application for bail dismissed; direction to lower court to expedite trial.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
09. 19.08.2021 Ct.32 Tanmoy Rejected
In The High Court at Calcutta Circuit Bench at Jalpaiguri Appellate Side
(Through Video Conference)
C.R.M. 794 of 2021
In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed on 30/07/2021 in connection with C.R. (NDPS) No. 06 of 2018 and in the matter of NCB Crime No. 08/NCB/KOL under Sections 8(c)/22(c) of the N.D.P.S. Act, 1985
And
In the matter of: - Hari Roy Chowdhury
….petitioner.
Mr. Hillol Saha Podder
…for the petitioner (through V.C.).
Mr. Aditi Shankar Chakraborty, Mr. Ratan Banik
…for the U.O.I. (through V.C.)
The petitioner renews his prayer for bail. He submits that he has been in custody since 2018. The case has not progressed at all. Only the first Prosecution witness has been examined.
Learned Counsel for the Union of India submits that the delay in the trial has been caused by the Defence by asking for repeated adjournments.
Be that as it may, commercial quantity of contraband items is involved attracting the restriction in Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985. We are not inclined to allow the petitioner’s prayer for bail.
2
Accordingly, the application for bail being C.R.M. 794 of 2021 is dismissed .
However, in view of the lengthy detention of the petitioner, we request the learned Court below to expedite the trial to the extent possible and bring the same to its logical conclusion as soon as the business of the Court may permit.
All parties shall act in terms of server copy of this order downloaded from the official website of this Court.
(Suvra Ghosh, J.) (Arijit Banerjee, J.)
2 issues framed by the court
Whether bail shall be granted to the petitioner in a case involving commercial quantity of contraband under the NDPS Act?
Whether the delay in the trial warrants the granting of bail despite statutory bar?
3 provisions across 2 enactments
Hari Roy Chowdhury
Union of India
Suvra Ghosh
Arijit Banerjee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
