26. 16.01.2025 Court No.29 (Tanmoy) Allowed IN THE HIGH COURT AT CALCUTTA CRIMINAL MISCELLANEOUS JURISDICTION CRM (NDPS) 1847 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 NCB Crime No. 16/NCB/KOL/2020 under Sections 20(b)(ii)(C)/21(C)/ 23(C)/25/27(a)/28/29 of the NDPS Act, 1985. And In the matter of: - Rajen Mishra @ Rajan Mishra …petitioner. Mr. Arnab Chatterjee Ms. Dhanasree Biswas Ms. Poulami Bose …for the petitioner. Mr. Kallol Mondal, Sr. Adv. Mr. Pradhyat Saha …for NCB. Dictated by Arijit Banerjee, J. 1. Report filed by Narcotics Control Bureau (NCB) in terms of our order dated January 2, 2025, be kept with the records. 2. We find from the report that the delay in progress of the trial is not to any extent attributable to the petitioner. Only one out of six charge-sheet named witnesses has been examined and that too, in part. The petitioner is in custody for more than four years and four months. There is no certainty as to when the trial will conclude. 3. Keeping in mind the importance of a citizen’s fundamental right to personal liberty and speedy trial, which ordinarily must override all other considerations including the Signed By : TANMOY GHOSH High Court of Calcutta 16 th of January 2025 06:11:37 PM 2 restrictions in Section 37 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, we feel constrained to allow the petitioner’s prayer for bail. We also note that twice the Court had directed for conclusion of the trial on an early date but the same has had no effect. 4. Accordingly, we direct that the petitioner, namely, Rajen Mishra @ Rajan Mishra shall be released on bail upon furnishing a bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional District & Sessions Judge, 4th Court at Alipore, South 24-Parganas, subject to condition that the petitioner shall appear before the Trial Court on each and every date of substantive hearing subject to the provisions of Section 317 of the Code of Criminal Procedure, 1973 / Section 355 of Bharatiya Nagarik Suraksha Sanhita, 2023, and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever and on further condition that the petitioner shall deposit his passport, if there be any, with the Trial Court before his release from the Correctional Home. 5. In the event the petitioner fails to adhere to any of the conditions stipulated above without any justifiable cause, the Trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court. Signed By : TANMOY GHOSH High Court of Calcutta 16 th of January 2025 06:11:37 PM 3 6. The application for bail being CRM (NDPS) 1847 of 2024 is accordingly disposed of. 7. Criminal Section is directed to make available urgent photostat certified copies of this order to the parties, if applied for, upon compliance with all requisite formalities. (Arijit Banerjee, J.) (Apurba Sinha Ray, J.) Signed By : TANMOY GHOSH High Court of Calcutta 16 th of January 2025 06:11:37 PM