Calcutta High Court (Appellete Side)
Prodip Roy @ Babu vs Unknown on 29 May, 2023
Author: Tirthankar Ghosh
Bench: Tirthankar Ghosh
C.R.M. (NDPS) 1070 of 2023 29.05.2023
In Re: - An application for bail under Section 439 of the Code of Sl. 11 Court No. 4 Criminal Procedure filed in connection with Raiganj Police (sourav/ Station Case No. 198 of 2021 dated 29.03.2021 under Sections Chanchal) 21(c)/23(c)/29 of the Narcotic Drugs and Psychotropic (Allowed) substances Act, 1985.
And In the matter of: Prodip Roy @ Babu ....petitioner.
Mr. Sayan De Mr. Kaustav Shome Mr. Sayan Kanjilal ...for the petitioner.
Mr. Swapan Banerjee Ms. Purnima Ghosh ... for the State.
Memo submitted by Mr. Banerjee, learned Advocate for the State be kept with the record.
According to the petitioner, he is in custody for 777 days and trial has not yet commenced after submission of charge- sheet.
Mr. Banerjee, learned advocate for the State has raised vehement objections, though he has submitted upon instructions before this Court yet his submissions is not in consonance with the available documents.
Considering the long detention of the petitioner and the fact that the trial is yet to commence, we are inclined to release the petitioner on bail.
Accordingly, the petitioner be released on bail upon furnishing a Bond of Rs. 10,000/- with two sureties of like amount, one of whom must be local, to the satisfaction of the learned Judge, Special Court under NDPS Act, Raiganj, Uttar Dinajpur.
2Petitioner is further directed to be present on each day of trail before the Trial Court without fail. Petitioner is further directed to visit the Officer-in-Charge/Inspector-in-Charge, Raiganj Police Station once in a fortnight for a period of six months or till the completion of trial whichever is earlier.
Accordingly, the application for bail being C.R.M. (NDPS) 1070 of 2023 is, thus, allowed.
Urgent photostat certified copy of this order, if applied for, be given to the parties, upon compliance of necessary formalities.
All the parties to act on the basis of server copy downloaded from the official website of the Hon'ble Court.
(Tirthankar Ghosh, J.) (Rai Chattopadhyay, J.) 3