ASHOK SHIL @ ARUN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application for bail under Sec. 439 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C ' ), involving an offence under Sec. 21(c)/25/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act ' ) i.e involving possession of contraband articles (Phensedyle cough syrup containing codeine phosphate) of commercial quantity. This case was put into motion by a written complain submitted by one Ashim Mandal S.I of Police for initiating Dankuni Police Station case no. 86/2017 dtd. 22/2/2017 under Sec. 21(c)/25/29 of the NDPS Act. The instant application was filed only on the ground that petitioner is in custody for more than five years without trial in a NDPS case and thereby already served more than half minimum punishment of the relevant Sec. .

(2.) Mr. Sudip Ghosh Chowdhury, Ld. Advocate appearing on behalf of the petitioner harped on the string of period of custody of the petitioner for more than five years and thereby right to bail has accrued in favour of the petitioner according to specific direction of the Hon 'ble Court. Mr. Ghoshrefrained himself from going into the merit of the case and in support of his contention he relies on Supreme Court Legal Aid Committee Representing Undertrial Prisoners Appellants Vs. Union of India (UOI) and Ors 1994 6 SCC 731, Sanawar Ali Vs. Union of India C.R.M 9314 of 2020, Ramesh Mahato &Ors Vs. State CRM 4139 of 2021 and Shital Biswas Vs. Narcotics Control Bureau C.R.M 5066 of 2021.

(3.) While opposing instant application under Sec. 439 Cr.P.C, Mr. Sanjay Bardhan, Ld. Advocate appearing on behalf of the State as vehemently submitted that the offence alleged in the case involves a commercial quantity of contraband articles. That apart, it is also submitted that the petitioner is to satisfy that the reason of delay solely attributed to prosecution.