Niloy Ghosh vs Unknown
2023 Latest Caselaw 492 Cal

  01   17.01.2023
an     Court No. 33
                                             CRM 2848 of 2019
                                                   with
                            I.A. No. CRAN 1 of 2020 (Old No.: CRAN 3055 of 2020)


                      In the matter of: Niloy Ghosh
                                                                                ... petitioner


                      Mr. Sandip Kumar Bhattacharya
                      Mr. D. D. Banerjee
                                                                   ............. for the petitioner

                      Mr. Sagar Saha
                                                                   ............. For the N.C.B.


                                 Learned counsel for the petitioner submitted that during the

                      pendency of the trial, one Kamlesh Baste alias Kamlesh Panditra

                      Baste has been released on bail on 09.01.2023 in CRM (NDPS)

                      1458/2022.

                                 It is submitted that the evidence of the parties has been

                      closed.    The prosecution has not examined the witnesses in whose

                      presence the alleged seizure had taken place. Two witnesses

                      mentioned in the Panchnama at the time of seizure have also not been

                      produced by the prosecution. It is thus submitted that a prima facie

                      strong case has been made out by the petitioner for release of the

                      petitioner on bail. Moreover, PW 5 has failed to identify the petitioner

                      who led the investigation. Learned counsel for the petitioner submits

                      that these factors would strongly suggest the innocence of the

                      petitioner and the prayer for bail may be considered.

                                 In the order granting bail in favour of Kamlesh (Supra), the

                      Division    Bench   found   that   the   narcotics   recovered   from    the

                      possession of Kamlesh was not of commercial quantity and a vital

                      witness who was examined to prove the involvement of the petitioner
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in the conspiracy and financing of inter trafficking of narcotics did not

support the case of the prosecution. These two factors had weighed

with the Division Bench in granting bail.

            In the instant case, the prosecution alleged that the narcotic

substance was recovered from the petitioner and is of commercial

quantity.    It also appears that the Learned Trial Court has fixed

30.01.2023

for recording statement under Section 313(Criminal

Procedure Code).

Under such circumstances, we do not wish to grant bail as

we believe that after recording of the statement under Section 313,

the Learned Trial Court would dispose of the trial within a reasonable

time.

On such consideration, we dispose of this application by

conforming the existing arrangement of the petitioner being permitted

to meet his mother twice in a week till the pronouncement of the

judgment on the same terms and conditions as we have indicated

earlier.

We also direct the learned Sessions Judge, 6 th Court,

Barasat, North 24 Parganas to dispose of the case within a period of

three months from 30.01.2023. We make it clear that the Learned

Trial Court is not to grant any adjournment to either of the parties

unless there are unavoidable circumstances. In the event, if the

matter is not disposed of within the aforesaid time period and the

petitioner is not responsible for the delay, the petitioner may renew

its prayer for bail.

The instant application stands disposed of. Consequently,

the connected application also stands disposed of.

Supplementary affidavit filed is taken on record. The report

filed by the NCB be also kept with the record.

 (Ravi Krishan Kapur, J.)                        (Soumen Sen, J.)