NDPS CASE No. 07 of 2023 · Calcutta High Court
Case at a glance
Provisions considered
- Narcotic Drugs and Psychotropic Substances Act, 1985 ss. 21(C), 29
- Code of Criminal Procedure, 1973 s. 439
Key paragraphs
- Para 55. Accordingly, the prayer for bail of the petitioner is rejected.
Judgment
Mr. Imdadul Hoque. ...for the Petitioner. Md. Anwar Hossain, Mr. Tirthankar Dhali. …for the State.
Petitioner is in custody for 470 days. He submits charge has not yet been framed. Accordingly, he prays for bail.
Learned Advocate for the State opposes the bail prayer. He contends charge was framed on 21st March, 2024. Delay is due to abscondence of co-accused.
We have considered the materials on record. 50 bottles of phensedyl syrup were recovered from petitioner and co- accused. Co-accused had absconded which resulted in delay. Presently, charge has been framed. Prosecution assures the Court to conclude recording of evidence within one year from the next date fixed for recording evidence without unnecessary delay.
In view of the aforesaid circumstances and assurance held out by the prosecution, we are not inclined to grant bail to the petitioner. Signed By : ALOK SETH High Court of Calcutta 7 th of May 2024 03:35:31 PM 2
Accordingly, the prayer for bail of the petitioner is rejected.
We request the trial court to expedite the trial in the light of the said assurance and conclude the same at an early date.
Parties shall co-operate with the trial court and communicate this order for due compliance. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By : ALOK SETH High Court of Calcutta 7 th of May 2024 03:35:31 PM
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.