Calcutta High Court (Appellete Side)
CRM (NDPS)/445/2024 on 2 May, 2024
02.05.2024
Ct.No.28
3-7
as
(Rejected)
CRM (NDPS) No. 293 of 2024
In Re : An application for bail under Section 439 of the
Code of Criminal Procedure in connection NDPS Case
No.255 of 2021 arising out of Berhampore P.S. Case
No.1334 of 2021 dated 18.11.2021 under Sections
22(C)/29 of the NDPS Act.
In Re: Maahammad Ansari @ Mintu @ Mahammad Ansary
Mandal @ Mohammad Ansari Mondal.
....Petitioner in CRM (NDPS) 293 of 2024.
with
CRM (NDPS) No. 2017 of 2023
In Re : An application for bail under Section 439 of the
Code of Criminal Procedure in connection NDPS Case
No.242 of 2021 arising out of Domkal P.S. Case No.655
of 2021 dated 01.11.2021 under Sections 21(c)/29 of the
NDPS Act.
In Re: 1) Tahajul Mondal @ Kota &
2) Awlat @ Aolat Mondal.
....Petitioners in CRM (NDPS) 2017 of 2023.
With
CRM (NDPS) No. 295 of 2024
In Re : An application for bail under Section 439 of the
Code of Criminal Procedure in connection NDPS Case
No.76 of 2021 arising out of English Bazar P.S. Case
No.1065 of 2021 dated 27.08.2021 under Sections
21(c)/29 of the NDPS Act.
In Re: Md. Ashim Aktar.
....Petitioner in CRM (NDPS) 295 of 2024.
With
CRM (NDPS) No. 445 of 2024
In Re : An application for bail under Section 439 of the
Code of Criminal Procedure in connection NDPS Case
No.41 of 2022 arising out of Bhimpur P.S. Case No.203
of 2022 dated 31.05.2022 under Sections 20(B)(ii)(C)/29
of the NDPS Act.
In Re: Ajay Sahani @ Ajoy Sahani.
....Petitioner in CRM (NDPS) 445 of 2024.
Signed By :
ALOK SETH
High Court of
Calcutta
6 th of May 2024
04:38:46 PM
2
With
CRM (NDPS) No. 89 of 2024
In Re : An application for bail under Section 439 of the
Code of Criminal Procedure in connection NDPS Case
No.26 of 2022 arising out of Chakulia P.S. FIR No.68 of
2022 dated 22.03.2022 under Sections 21(c) of the NDPS
Act read with Sections 25/35 of the NDPS Act.
In Re: Mahananda Majumdar.
....Petitioner in CRM (NDPS) 89 of 2024.
Mr. Somnath Adhikary
.... for the petitioner [in CRM (NDPS) 293/2024]
Mr. Sourav Mukherjee
.... for the petitioner [in CRM (NDPS) 2017/2023]
Mr. Navanil De
Ms. Smita Saha
Mr. Srinjan Ghosh
.... for the petitioner [in CRM (NDPS) 445/2024]
Mr. Sayantan Hazra
.... for the petitioner [in CRM (NDPS) 89/2024]
Ms. Busra Khatun
.... for the petitioner [in CRM (NDPS) 507/2024]
Mr. Mazahar Hossain Chowdhury
.... for the petitioner [in CRM (NDPS) 295/2024]
Mr. Debasish Roy, ld. P.P.
Mr. Binoy Panda
Ms. Baishakhi Chatterjee
..... for the State[in CRM (NDPS) 293/2024]
Mr. Debasish Roy, learned PP
Mr. Mainak Gupta
..... for the State[in CRM (NDPS) 445/2024]
Mr. Debasish Roy,
Mr. Avishek Sinha.
..... for the State[in CRM (NDPS) 89/2024]
1.Heard the learned Advocates for the parties.
2. We have considered the materials on record. Some of the official witnesses did not identify the petitioners in court. They were members of the raiding party and had ample Signed By :
ALOK SETH High Court of Calcutta 6 th of May 2024 04:38:46 PM 3 opportunity to acquaint themselves with the features of the petitioners who were arrested by them and kept in the same police station where they were attached. This led to the impression that petitioner had won over these witnesses. Some of the members of the raiding party have been demobilized while departmental proceedings are pending against others.
3. In view of the aforesaid facts, we are of the opinion in the event petitioners are released on bail, they shall win over the remaining witnesses.
4. Under such circumstances, we are not inclined to grant bail to the petitioners.
5. Accordingly, the prayer for bail of the petitioners is rejected.
6. Trial court is requested to expedite the trial and conclude the same at an early date without granting unnecessary adjournment to either of the parties.
7. Learned Public Prosecutor places a note on record with regard to steps taken against members of the raiding party who in various narcotics cases have not identified the accused.
8. In CRM (NDPS) 2017 of 2023, departmental proceedings against PW 5 (SI Sujit Kumar Singh) and PW 7 (P.D.446, Kalyan Mazumdar) have concluded and punishments were imposed. PW 1, a civic volunteer has been demobilized and PW 6 (Ganesh Karmakar, C-1721) had already retired. Signed By :
ALOK SETH High Court of Calcutta 6 th of May 2024 04:38:46 PM 4
9. In CRM (NDPS) 89 of 2024, NVF-140089, Hatasu Kumar Singh and CVF-54, Noor Alam were demobilized, departmental proceedings against Constable C-424, Bimal Debnanth has concluded and punishment was imposed on him.
10. In CRM (NDPS) 293 of 2024, departmental proceedings are continuing against PW 1 (Constable C-1859, Sujan Chetri) and Driver Constable PW 2 (C02928, Raju Sarkar). PW 3 (V.P.03, Md. Obaidur Rahaman) and Civic Volunteer-119, Dipak Dey have been demobilized.
11. In CRM (NDPS) 295 of 2024, departmental proceedings have been initiated against Constable, C-232, Ujjal Kumar Sinha and PW 2 (Abhishek Talukdar). But the State has approached the Hon'ble Apex Court against such direction.
12. In CRM (NDPS) 445 of 2024, departmental proceedings against PW 2 (SI Tamal Taru Sarkar), Constable, PW 3 (C- 517, Hara Prasad Biswas) and PW 4 (ASI, Babul Saha) have ended and punishments imposed upon them. PW 6 (KCV 1835, Nitish Sarkar) has been demobilized. Though PW 5 (KCV 1934, Shyamal Byapari) and PW 7 (KCV 1887, Rakesh Pal) have been demobilized, we note that PW 5 had identified the accused persons on dock and PW 7 had not been called to identify the accused persons.
13. In these circumstances, we request the appropriate authorities to recall the orders of demobilization so far as PW Signed By :
ALOK SETH High Court of Calcutta 6 th of May 2024 04:38:46 PM 5 5 (KCV 1934, Shyamal Byapari) and PW 7 (KCV 1887, Rakesh Pal) are concerned.
14. In CRM (NDPS) 692 of 2024, PW 1 (SI, Raj Kumar Mondal) who failed to identify the accused persons has expired. Department proceeding is pending against PW 2 (C-
340).
15. In view of the aforesaid, we record in most cases disciplinary proceedings have ended against the members of the raiding party and they have been punished. In other cases departmental proceedings are pending. In one case State has approached the Hon'ble Apex Court.
16. Accordingly, we adjourn the matters till six weeks (25.07.2024).
17. Further report be filed on the adjourned date. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By :
ALOK SETH High Court of Calcutta 6 th of May 2024 04:38:46 PM