Calcutta High Court (Appellete Side)
Read With Sections 489B/489C Of The ... vs In Re : Madan Sah on 5 July, 2023
05.07.2023 82 sdas allowed CRM(DB) No. 378 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with 02/CL/IMP/DRI/BRM/2017-18 dated 07.12.2017 under Sections 135(1)(a)(i)(C ) and 135(1)(b)(i)(C ) of the Customs Act read with Sections 489B/489C of the Indian Penal Code.
And
In Re : Madan Sah ...... petitioner
Mr. Gaganjyot Singh
....for the petitioner
Mr. Koushik Dey
.... for the UOI
Learned Counsel for the petitioner submits he is in custody for more than five years. It is also submitted that there is inordinate delay in trial. He prays for bail.
Learned Counsel for the Union of India opposes the prayer for bail and submits petitioner has prior conviction on similar ground.
We have considered the materials on record. Allegations involve dealing in fake Indian currency note. It is contended that petitioner has previous conviction on similar ground. In spite of repeated opportunities no document in support of such plea was placed before this Court. Petitioner is languishing in trial for more than five years but progress in trial is not appreciable. Only one witness has been examined.
Under such circumstances we are constrained to hold fundamental right of the petitioner to speedy trial has been infracted and he is entitled to bail on this score. Bail prayer on 2 the ground of delay is not fettered by Section 37 of the NDPS Act. Accordingly, we are inclined to grant bail to the petitioner.
Accordingly, we direct that the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Judge, Special Court under NDPS Act, Murshidabad, on further condition that while on bail petitioner shall remain within the jurisdiction of District Murshidabad except for the purposes of investigation and /or attending court proceeding and also intimidate the address where he reside to the investigating officer and court below and also shall meet the Senior Intelligence Officer, Directorate of Revenue Intelligence, Berhampore Sub-Zonal Unit, once in a week until further orders. Petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.
In the event the petitioner fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.
The application for bail is, accordingly, allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)