Calcutta High Court (Appellete Side)
Ndps Act. (Ndps Case No.22 Of 2018) vs In Re: Mriganka Bannerjee on 19 May, 2023
19.05.2023 Sl. No.9 akd [Rejected] C. R. M. (NDPS) 1024 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 12.05.2023 in connection with Burtolla Police Station Case No.99 of 2018 dated 22.06.2018 under Sections 22(c)/29 of the NDPS Act. (NDPS Case No.22 of 2018) And In Re: Mriganka Bannerjee ... ... Petitioner Mr. Sagnik Bhattacharya ... ... for the petitioner Mr. Sanjay Bardhan Mr. Palash Ch. Majhi ... ... for the State It is submitted on behalf of the petitioner that he is in custody for more than four years. Accordingly, he prays for bail.
Learned Advocate for the State opposes the prayer for bail and submits trial is at its fag-end. Eight witnesses have been examined in full. Investigation of the Investigating officer is complete in part.
We have considered the materials on record. Commercial quantity of methamphetamine and LSD were recovered from the petitioner and co-accused. Trial is at its fag-end. Under such circumstances and in view of the statutory restrictions under Section 37 of the NDPS Act, we are not inclined to grant bail to the petitioner.
The application for bail is thus rejected. Trial court is directed to conduct the trial with utmost expedition and conclude the same at an early date preferably within six months from the next date fixed for recording evidence without granting unnecessary adjournment to either of the parties. 2 Parties shall communicate a copy of this order to the trial court for due compliance.
(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)