IN RE Vs. ASIF HOSSAIN

JUDGEMENT

(1.) Mr. Bhattacharya, learned advocate appearing for the petitioner submits that the petitioner has been falsely implicated. He is languishing in custody for 4 years and 3 months and there is also no possibility towards early conclusion of trial.

(2.) He further submits that allegation of recovery of contraband substance from the petitioner's possession does not survive in view of the judgment dated 17th April, 2019 delivered in N.D.P.S Case No.36 of 2017. In the said conspectus further detention of the petitioner is not necessary. In support of such contention reliance has been placed upon a judgment delivered in the case of Shaheen Welfare Association v. Union of India & Ors. , 1996 2 SCC 616.

(3.) Mr. Ahmed, learned advocate appearing for the State opposes the petitioner's prayer and submits that earlier the petitioner's prayer for bail was rejected by a coordinate bench of this Court in CRM No.7464 of 2020 on 9th October, 2020.