Single bench allotted bail application regarding recovery of approx. 21.2 Kgs. of ganja. Statutory restrictions barred bail. Trial directed to be conducted expeditiously under Section 309 CrPC.
Bail rejected; lower court directed to expedite trial under Section 309 CrPC.
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.
16.03.2022
Court No.32 rpan /109
CRM (NDPS) 19 of 2022
In Re:- An application for bail under section 439 of the Code of Criminal Procedure ;
And
Mr. Manas Kumar Das,
Mr. Sumanta Das
… for the Petitioner.
Mr. Sudip Ghosh, Mr. Bitasok Banerjee, Mr. Apurba Kumar Datta … for the State.
The present application under Section 439 of the Code of Criminal Procedure has been preferred by the petitioner in connection with Murutia Police Station Case No. 87 of 2021 dated 26.04.2021 under Sections 20(b)(C)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
Heard the learned advocates appearing for the respective parties and considered the materials in the case diary
It appears that approximate 21.2 Kgs. of ganja was recovered from the possession of the petitioner. As such, the statutory restrictions are clearly attracted. In view thereof, we are not inclined to exercise our discretion in favour of the petitioner and his prayer for bail is rejected at this stage.
However, Mr. Das, learned advocate appearing for the petitioner, submits that the petitioner is languishing in custody for 344 days and trial has not yet commenced.
2
Mr. Banerjee, learned advocate appearing for the State, upon instruction, submits that charges have already been framed and there are in total 18 witnesses.
In view thereof, the learned court below is directed to expeditiously conduct the trial, if necessary, upon resorting to the steps available under Section 309 of the Code so that logical conclusion of the case may be reached at the earliest.
The application for bail, being CRM (NDPS) 19 of 2022 is, thus, disposed of.
All parties shall act on the server copies of this order duly downloaded from the official website of this Court.
(Sugato Majumdar, J.) (Tapabrata Chakraborty, J.)
3 issues framed by the court
Whether bail should be granted to a petitioner possessing approx. 21.2 Kgs. of ganja under the NDPS Act where charges have been framed.
Whether the trial needs to be expedited to conclude the case at the earliest.
Whether discretionary relief can be granted given the temptation of statutory restrictions.
3 provisions across 2 enactments
Manas Kumar Das
State
Sugato Majumdar
Tapabrata Chakraborty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
