The Calcutta High Court dismissed a bail application filed by Atiar Rahaman in an NDPS case. The court refused bail due to Section 37 restrictions regarding commercial quantities and prior rejections, while directing the trial court to expedite proceedings.
Bail application C.R.M. 918 of 2021 dismissed; trial directed to be expedited.
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13. 14.09.2021 Ct.32 Tanmoy Rejected
In The High Court at Calcutta Circuit Bench at Jalpaiguri Appellate Side
(Through Video Conference)
C.R.M. 918 of 2021
In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed on 27/08/2021 in connection with Dinhata Police Station Case No. 80/2020 (NDPS–22/20) dated 05/03/2020 under Section 21(c) of the NDPS Act.
And
In the matter of: - Atiar Rahaman
…petitioner.
Mr. Nilendra Narayan Ray
…for the petitioner.
Mr. Aditi Shankar Chakraborty, Ld. A.P.P., Mr. Biswarup Roy
…for the State.
The petitioner renews his prayer for bail which was rejected twice earlier by co-ordinate Benches of this Court on June 17, 2020 in C.R.M. 3576 of 2020 and October 15, 2020 in C.R.M. 7856 of 2020.
Allegedly, commercial quantity of contraband items was recovered from the possession of the petitioner. In view of the statutory restriction in Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985, we are not inclined to entertain the petitioner’s prayer for bail and also in view of the earlier rejections of his prayer for bail.
The petitioner says that he is in custody for about 557 days. PW 1 has been examined. We request the learned trial
2
Court 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.
Accordingly, the application for bail being C.R.M. 918 of
2021 is dismissed .
All parties shall act in terms of server copy of this order downloaded from the official website of this Court.
(Bivas Pattanayak, J.) (Arijit Banerjee, J.)
2 issues framed by the court
Whether bail should be granted in a case involving commercial quantity of narcotic drugs.
Whether the trial should be expedited given the prolonged custody of the petitioner.
3 provisions across 2 enactments
Atiar Rahaman
The State
Bivas Pattanayak
Arijit Banerjee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
