Judgment · High Court
Case at a glance
- Bench
- DEBANGSU BASAK, SHABBAR RASHIDI
Provisions considered
- Narcotic Drugs and Psychotropic Substances Act, 1985 ss. 21(C), 27A, 29, 37
- Code of Criminal Procedure, 1973 s. 439
- Bharatiya Nagarik Suraksha Sanhita, 2023 s. 483
Key paragraphs
- Para 99. CRM (NDPS) 1984 of 2024 is dismissed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)
Judgment
In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973 as amended/under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with NDPS Case No.05 of 2023 arising out of Dankuni Police Station Case No.145 of 2023 dated 03.05.2023 under Sections 21(C)/27A/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, presently pending before the Learned Additional Sessions Judge cum Judge Special Court, Hooghly. In the matter of : Noni Gopal Biswas -And- … …Petitioner Mr. Tapodip Gupta, Advocate … … For the Petitioner Mr. Joydeep Roy, Ld. Sr. Govt. Advocate Mr. Mujibar Ali Naskar, Advocate … …For the State
Petitioner is in custody for one year ten months.
Learned Advocate appearing for the petitioner submits that, three schedules for examining the prosecution witnesses did not result in any prosecution witness being examined at the trial. He submits that, the possibility of the trial concluding in the near future does not exist.
Learned Advocate appearing for the State submits that, out of nine prosecution witnesses, one was examined. Commercial quantity of narcotics was seized from the joint possession of the petitioner. He submits that, State is taking steps to ensure that the witnesses are present on the date fixed at the trial. 2
As noted above, the period of custody is slightly in excess of one year ten months. Trial is in progress. Commercial quantity of narcotics was seized from the joint possession of the petitioner. Out of nine prosecution witnesses, one stands examined in part.
We are not in a position to return a finding that the petitioner is able to overcome the restrictions under Section 37 of the NDPS Act, 1985.
So far as the plea of delay of trial is concerned, we are not impressed on that ground considering the period of detention of the petitioner and the number of prosecution witnesses remaining to be examined at the trial.
In such circumstances, we are not inclined to grant bail to the petitioner.
Accordingly, the prayer for bail of the petitioner is rejected.
CRM (NDPS) 1984 of 2024 is dismissed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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