Md. Alauddin v. the State of West Bengal
Case brief
What is this about?
Calcutta High Court, CRM (NDPS) 1799 of 2024, Alauddin (petitioner) v. State, decided 13.01.2025 by Arijit Banerjee, J. (author) and Apurba Sinha Ray, J. Bail under S.439 CrPC/S.483 BNSS in NDPS case (Ss.20(b)(ii)(c)/29 NDPS Act, 1985; Hastings PS Case No. 17/2022 dated 10.02.2022) allowed solely on grounds of prolonged incarceration (nearly three years) and delay in trial despite Section 37 NDPS Act restrictions; Article 21 speedy trial and personal liberty held to ordinarily override S.37; only one witness examined in full; five of nine post-assurance dates lost to prosecution-side deferrals; bond Rs.25,000 with two sureties (one local) and conditions including weekly police reporting and residence within Kolkata; no precedent relied upon.
What did the court decide?
Petitioner Alauddin released on bail on furnishing a bond of Rs.25,000/- with two sureties of like amount each (one of whom must be local), to the satisfaction of the learned Judge, Bench-I (NDPS Act), (I/C) City Sessions Court at Calcutta, subject to conditions: appearance before the Trial Court on each and every date of substantive hearing (subject to Section 317 CrPC / Section 355 BNSS), no intimidation of witnesses or tampering with evidence, residence within the Municipal limits of Kolkata, furnishing of present address to the Inspector-in-Charge of Hastings Police Station and the Trial Court, and weekly meeting with the Inspector-in-Charge of the police station within whose jurisdiction he resides; the Trial Court is at liberty to cancel bail for breach without further reference to this Court.