Supreme Court - Daily Orders
Badsha Sk. vs The State Of West Bengal on 13 September, 2023
Bench: Hrishikesh Roy, Pankaj Mithal
ITEM NO.4 COURT NO.8 SECTION II-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 9715/2023
(Arising out of impugned judgment and order dated 18-04-2023 in CRM
(NDPS) No. 783/2023 passed by the High Court at Calcutta)
BADSHA SK. Petitioner(s)
VERSUS
THE STATE OF WEST BENGAL Respondent(s)
(IA No.135901/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT)
WITH
SLP (Crl) No. 9716/2023 (II-B)
(FOR ADMISSION and I.R. and IA No.145466/2023-EXEMPTION FROM FILING
C/C OF THE IMPUGNED JUDGMENT)
Date : 13-09-2023 These petitions were called on for hearing today.
CORAM : HON'BLE MR. JUSTICE HRISHIKESH ROY
HON'BLE MR. JUSTICE PANKAJ MITHAL
For Petitioner(s) Mr. Anjan Datta, Adv.
Mr. Tapodip Gupta, Adv.
Mr. Sanjib Kumar Ghosh, Adv.
Mr. Pawan Kumar, Adv.
Mr. Rajasmit Mondal, Adv.
Mr. Rahul Sharma, Adv.
Mr. Adarsh Kumar, Adv.
Mr. Rajendra P. Tiwari, Adv.
Mr. Ujjwal Bharadwaj, Adv.
Mr. Ram Bhadauria, Adv.
Mr. Robin Khokhar, AOR
For Respondent(s) Mr. Shreyas Awasthi, Adv.
Signature Not Verified
UPON hearing the counsel the Court made the following
Digitally signed by
NITIN TALREJA
Date: 2023.09.13
16:34:59 IST
Reason:
O R D E R
Heard Mr. Anjan Datta, learned counsel appearing for the 1 petitioners. Also heard Mr. Shreyas Awasthi, learned counsel appearing for the State of West Bengal.
2. The petitioners are charged in connection with FIR No. 342 of 2021 dated 21.05.2021 in the Lalgola Police Station and the allegation is that they were carrying 100 bottles of Phensedyl Cough Syrup (100 ml. each), containing Codeine Phosphate.
3. Learned counsel submits that both petitioners were arrested on 21.05.2021 and they have been in custody for last about 2 years 4 months. It is further pointed out that although the charge was framed on 29.08.2023, trial is yet to commence.
4. Learned State counsel in his turn submits that 12 prosecution witnesses are to be examined and the first witness is scheduled to testify on 14.12.2023.
5. The above would show that the trial is yet to commence in the matter(s) and in the meantime, petitioners have been in custody for long. The State counsel submits that there are no known criminal antecedents against the two accused.
6. Considering the above and the nature of the Contraband involved, we deem it appropriate to grant bail to the petitioners – Badsha SK and Rafikul Islam @ Kalu, subject to appropriate bail conditions to be imposed by the trial court.
7. With the above, the Special Leave Petitions stand disposed of.
8. Pending application(s), if any, shall stand closed.
(NITIN TALREJA) (KAMLESH RAWAT)
COURT MASTER (SH) ASSISTANT REGISTRAR
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