39. 21-03-2025 (ct. no.29) debajyoti (allowed) CRM (NDPS) 270 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 NCB/KOL/2023 Crime No.11 under Sections 20(b)(ii)(C)/28/29 of the Narcotic Drugs and Psychotropic Substances Act. - A n d - In the matter of : Miaraj Mandal & Anr. .... Petitioners. Mr. Debasis Kar, Mr. Arka Tilak Bhadra, Mr. Husen Mustafi … For the Petitioners. Mr. Dhiraj Trivedi, learned D.S.G., Mr. Sagar Saha … For N.C.B. Dictated by Arijit Banerjee, J. 1. The petitioners renew their prayer for bail which was last rejected on November 08, 2023 in CRM (NDPS ) 1816 of 2023. They say that they are in custody for over two years. They had approached the Hon’ble Supreme Court by filing Petition for Special Leave to Appeal (Criminal) No.3199 of 2024. While dismissing the Special Leave Petition, by an order dated September 10, 2024, the Hon’ble Supreme Court directed the trial Court to conclude the trial as expeditiously as possible and preferably, within a period of six months from that date. Learned advocate says that the order was communicated to the learned trial Court on September 11, 2024. However, in spite of passage of six months, the trial is still pending. 2. Learned Deputy Solicitor General, appearing for Narcotics Control Bureau (NCB) says that only three 2 witnesses remain to be examined. The trial will conclude within three months, as is stated in the report filed on behalf of NCB. Let the report be taken on record. Learned Deputy Solicitor General further says that there is sufficient incriminating evidence against the petitioners. 68 kgs. of Ganja was seized from them. 3. The prosecution may have a very strong case against the petitioners. That is a matter of merits. However, a citizen’s fundamental right to personal liberty and speedy trial must ordinarily override all other consideration. The Hon’ble Supreme Court directed the trial Court to conclude the trial within six months. That period has elapsed. Three witnesses remain to be examined. Thereafter, there will be examination of the accused persons under Section 313 of the Code of Criminal Procedure. Thereafter there will be arguments. After that, judgment will be delivered. We do not see that the trial is likely to conclude within a very short period of time. 4. Hence, without touching the merits of the case and solely on the touchstone of Article 21 of the Constitution of India, we allow the petitioners’ prayer for bail. 5. The application for bail is, thus, allowed. 6. Accordingly, we direct that the petitioners, namely, Miaraj Mandal and Joynal Abeddin Mandal, shall be released on bail upon furnishing bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each, with two sureties of like amount each, one of whom must be local, to the satisfaction of learned Additional Sessions Judge, 6th Court, Barasat, North 24 Parganas. The petitioners 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 petitioners shall remain within the jurisdiction of Barasat Police Station and shall report to 3 the Officer-in-Charge/Inspector-in-Charge of Barasat police station twice in a week, until further orders. The petitioners shall, through their learned counsel, inform the learned trial Court, NCB and Barasat Police Station their current local address at Barasat where they shall be residing while on bail. 7. In the event the petitioners fail to comply with any of the conditions stipulated above, the trial Court shall be at 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.)