The Court granted bail to the petitioner in an NDPS case, holding that inordinate delay in the trial breached the fundamental right to a speedy trial. This ground for bail was held not to be barred by Section 37 restrictions.
Accused released on bail upon furnishing bond of Rs. 10,000/- with two sureties of like amount.
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18.04.2023 Sl. No.6 akd [ALLOWED]
C. R. M. (NDPS) 687 of 2023
In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 04.04.2023 in connection with Amherst Street Police Station Case No.176 of 2020 dated 26.07.2020 under Sections 20(b)(ii)(c)/29 of the NDPS Act. (NDPS Case No.27 of 2020)
And
In Re: Milan Mondal
… … Petitioner
Ms. Minoti Gomes Mr. Joy Chakraborty Mr. Sandip Dinda
… … for the petitioner
Mr. Ranadeb Sengupta
… … for the State
It is submitted on behalf of the petitioner that he is in custody for about three years. It is further submitted there is inordinate delay in trial. Accordingly, he prays for bail.
Learned Advocate for the State opposes the prayer for bail and submits trial is in progress.
We have considered the materials on record. Inspite of direction given by this court in CRM 10790 of 2020 to conclude the trial expeditiously, only one witness has been examined till date. Prosecution proposes to examine eight witnesses in all. There is little possibility of the trial concluding in near future. Under such circumstances, we are of the opinion petitioner has been able to make out a case of breach of fundamental right to speedy trial and he is entitled to bail on this score. Bail prayer on the ground of inordinate delay in trial is not fettered by restrictions under Section 37 of the NDPS Act.
Therefore, the accused/petitioner, namely Milan Mondal , be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten
2
thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Judge, Special Court, under the NDPS Act, Bench-I, City Sessions Court, Calcutta subject to condition that the said petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever or commit similar offences in future and on further condition that the petitioner, while on bail, shall not leave the jurisdiction of the district of North 24Parganas except for the purpose of attending court proceedings and shall report to the Officer-in-charge, Bagdah Police Station once in a week until further orders.
In the event he fails to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court.
The application for bail, thus, stands allowed.
(Ajay Kumar Gupta, J.)
(Joymalya Bagchi, J.)
2 issues framed by the court
Whether the petitioner is entitled to bail due to inordinate delay in trial constituting a breach of the fundamental right to speedy trial.
Whether the restrictions under Section 37 of the NDPS Act fetter a bail order based on delay in trial.
Milan Mondal
State
Ajay Kumar Gupta
Joymalya Bagchi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
