The High Court rejected the bail application of Rintu Khan under the NDPS Act. The Court noted the trial had commenced after significant delay in framing charges and found the petitioner guilty of dealing in narcotic substances above commercial quantity.
Bail application rejected; trial expedited to conclude within six months.
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18.01.2023 Sl. No.2 akd [Rejected]
C. R. M. (NDPS) 31 of 2023
In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 05.01.2023 in connection with Jibantala Police Station Case No.401 of 2018 dated 07.09.2018 under Sections 21(c)/20(b)(ii)(c)/29 of the NDPS Act. (NDPS Case No.85 of 2018)
And
In Re: Rintu Khan
… … Petitioner
Mr. Abdur Rakib Mr. Fazle Rabby Hazari
… … for the petitioner
Mr. Ranabir Roy Chowdhury Mr. Mainak Gupta
… … for the State
It is submitted on behalf of the petitioner that he is in custody
for about three years and eleven months.
Report is placed on record. From the report it appears delay was essentially in the matter of framing charges. Accuseds were not produced from jail. Trial has commenced. Under such circumstances and in view of the materials on record showing involvement of the petitioner in dealing in narcotic substance above commercial quantity, we are not inclined to grant bail to the petitioner.
The application for bail is thus rejected .
Trial court is directed to expedite the trial and conclude the same at an early date preferably within six months from the next date fixed for recording evidence without granting unnecessary adjournments to either of the parties.
(Ajay Kumar Gupta, J.)
(Joymalya Bagchi, J.)
2
1 issue framed by the court
Whether bail should be granted to the petitioner in an NDPS case involving commercial quantity of narcotic substances where the trial has commenced after a long delay in framing charges.
2 provisions across 2 enactments
Rintu Khan
The State
Ajay Kumar Gupta
Joymalya Bagchi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
