Calcutta High Court (Appellete Side)

Partha Saha vs Unknown on 13 February, 2025

Author:
Arijit Banerjee

Bench:
Arijit Banerjee

57.
13-02-2025
(ct. no.29)
(allowed)
debajyoti

CRM (NDPS) 62 of 2025

In re: An application for bail under
Section 439
of the Code
of Criminal Procedure/483 of the Bhartiya Nagarik
Suraksha Sanhita in connection with Ashok Nagar
Police Station Case No.122 of 2021 dated 12-02-2021
under
Sections 20(b)(ii)(c)
/
/
of the Narcotic Drugs
and Psychotropic Substances Act.

-And-

In the matter of : Partha Saha
.... Petitioner.

Mr. Fazlur Rahman,
Mr. Md. Babul Hossain
... For the Petitioner.

Mr. Saryati Dutta,
Mr. Dattatreya Dutta
... For the State.

Dictated by Arijit Banerjee, J.

1. The petitioner renews his prayer for bail which was
last rejected on August 30, 2024. The last rejection was
primarily on the basis of an order dated March 30, 2023
passed on a bail application of a co-accused person being
CRM (NDPS) 594 of 2023, whereby two years' time was
granted for conclusion of the trial. That time period is to
expire on May 17, 2025. On instruction, learned State
counsel tells us that the trial will definitely be concluded by
that date.

2. The petitioner renews his prayer saying that after
August 30, 2024, only two witnesses have been examined.
There are 25 charge sheet named witnesses. Therefore, early

Signed By :

DEBAJYOTI DAS
High Court of
Calcutta
14 th of February
2025 06:23:48
PM
conclusion of the trial or conclusion within May 17, 2025, is
impossible.

3. Opposing the prayer for bail, learned State advocate
tells us that the prosecution has examined four witnesses till
date. It proposes to examine eight more witnesses. The trial
would definitely conclude within May 17, 2025.

4. We have considered the rival contentions of the
parties. The petitioner is in custody for more than four years.
Given the pace at which the trial has been proceeding, it is
highly improbable that the trial would conclude by May 17,
2025. The petitioner is in custody for over four years.

5. Therefore, without touching the merits of the case
and solely on the touchstone of
Article 21
of the Constitution
of India, we feel constrained to enlarge the petitioner on bail.

6. Accordingly, we direct that the petitioner, namely,
Partha Saha, shall be released on bail upon furnishing a
bond of Rs.25,000/- (Rupees Twenty Five Thousand), with
two sureties of Rs.12,500/- each, one of whom must be local,
to the satisfaction of learned Additional Sessions Judge, 6th
Court, Barasat, Special Court under
NDPS Act
. The
petitioner shall appear before the learned trial Court on every
date of hearing and shall not intimidate the witnesses and/or
tamper with evidence in any manner whatsoever and/or
commit any cognizable offence in any manner whatsoever.
The petitioner shall remain within the jurisdiction of
Nabadweep Police Station except for the purpose of attending
the court proceedings and shall report to the Officer-in-
Charge/Inspector-in-Charge of Nabadweep Police Station
once in a fortnight, until further orders.

7. In the event the petitioner fails to comply with any
of the conditions stipulated above, the trial Court shall be at

Signed By :

DEBAJYOTI DAS
High Court of
Calcutta
14 th of February
2025 06:23:48
PM
liberty to cancel the bail in accordance with law without
further reference to this Court.

8. The application for bail is, thus, allowed.

9. All parties shall act on the server copies of this
order duly downloaded from the official website of this Court.

10. Criminal Section is directed to supply certified copies
of this order to the parties, if applied for, upon compliance of
all necessary formalities.

(Arijit Banerjee, J.)

(Apurba Sinha Ray, J.)

Signed By :

DEBAJYOTI DAS
High Court of
Calcutta
14 th of February
2025 06:23:48
PM