Md. Sebgatullah @ Jamai & Ors vs Unknown
2024 Latest Caselaw 5060 Cal

Calcutta High Court (Appellete Side)

Md. Sebgatullah @ Jamai & Ors vs Unknown on 1 October, 2024

     21.           01.10.2024
     Court
     No.28          (Tanmoy)

     Rejected
                                            IN THE HIGH COURT AT CALCUTTA
                                         CRIMINAL MISCELLANEOUS JURISDICTION

                                                   CRM (NDPS) 1426 of 2024

                                In Re: - An application for bail under Section 439 of the Code of
                                Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik
                                Suraksha Sanhita, 2023 arising out of Ashoknagar P.S. Case No.
                                582/21 dated 05.08.2021.
                                                                And

                                In the matter of: - Md. Sebgatullah @ Jamai & Ors.
                                                                                  ...petitioners.
                                Mr. Angshuman Chakraborty
                                Mr. S.S. Saha
                                                                           ...for the petitioners.
                                Mr. Ranadeb Sengupta
                                Ms. Sudeshna Das
                                                                                ...for the State.

                                                     Dictated by Arijit Banerjee, J.

1. The petitioners renew their prayer for bail which was rejected

on more than one occasion earlier, lastly on October 5, 2023,

in CRM (NDPS) 1600 of 2023. By that rejection order, a co-

ordinate Bench had directed the Trial Court to conduct the

trial with utmost expedition and conclude the same at an

early date preferably within one year from the date fixed for

recording evidence. The petitioners say that only nine out of

20 charge-sheet named witnesses have been examined. There

is no possibility of an early conclusion of the trial. They are in

custody for more than three years and one month.

2. Opposing the prayer for bail, learned State Advocate points

out that only three more prosecution witnesses will be

examined, who are all formal witnesses. The next dates fixed

are November 11, 2024 and November 12, 2024. More than

Signed By :

TANMOY GHOSH High Court of Calcutta 4 th of October 2024 12:44:32 PM

18,000 bottles of phensedyl syrup containing codeine

mixture, which is a contraband item, were recovered from the

joint possession of the petitioners. The order of the co-

ordinate Bench passed on October 5, 2023, was

communicated to the learned Trial Court only on December

8, 2023. Therefore, the one-year period should be calculated

from that date.

3. We find that the trial is on the verge of conclusion. The order

of the co-ordinate Bench was brought to the knowledge of the

learned Trial Court only on December 8, 2023. Therefore, the

Trial Court has time till December 7, 2024, to conclude the

trial.

4. In view of huge quantity of contraband items being involved

and also keeping in mind the restrictions in Section 37 of the

NDPS Act, 1985, we are not inclined to grant bail to the

petitioners. Hence, the prayer for bail is rejected.

5. The application being CRM (NDPS) 1426 of 2024 is

accordingly dismissed.

6. Considering that the petitioners have been in incarceration

for a long period of time, we direct the learned Trial Court to

definitely conclude the trial by delivery of judgment by

December 15, 2024.

7. This order shall be immediately communicated to the learned

Trial Court by both the parties as also the Registry of this

Court.

(Apurba Sinha Ray, J.) (Arijit Banerjee, J.)

Signed By :

TANMOY GHOSH High Court of Calcutta 4 th of October 2024 12:44:32 PM