29.01.2025 IN THE HIGH COURT AT CALCUTTA Sl. No.06 Circuit Bench at Jalpaiguri SG [ALLOWED] C. R. M. (NDPS) 5 of 2025 In Re:- An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection NDPS Case No.14/22 arising out of Jaigaon P. S. Case No. 153/2022 dated 21.06.2022 under Section 22(C) of the NDPS Act. And In Re: Md. Alam @ Alam Mia. … … Petitioner Mr. Prajnadeepta Roy, Mr. Naser Ali, Ms. Sohini Kundu, Mr. Debojyoti Goswami, Mr. Jaimallya Bhattacharya. … … for the petitioner Mr. Aditi Shankar Chakraborty, ld. A.P.P. Mr. Sourav Ganguly. … … for the State 1. Petitioner is in custody for more than 2 years. He submits there is slow progress in trial. Prosecution witnesses have not been examined. Accordingly, he prays for bail. 2. Learned Advocate for the State opposes the prayer for bail. 3. We have considered the materials on record. 318 strips each containing 8 pieces of Spasmo Proxyvon capsules totaling 2544 and 480 strips each containing eight Sampex Plus capsules totaling 3840 were seized from the petitioner. He is in custody for more than two and half years. Trial is progressing sluggishly. No prosecution witness has been examined till date. Petitioner is not responsible for the delay. 2 4. Under such circumstances, petitioner has made out an arguable case on the ground of delay which infracts his fundamental right under Article 21 of the Constitution. 5. Bail prayer on the ground of inordinate delay in trial is not hedged by restrictions under Section 37 of the NDPS Act. Reference in this regard may be made to Rabi Prakash vs. The State of Odisha1. 6. Therefore, the accused/petitioner, namely Md. Alam @ Alam Mia, be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Judge, Special Court under the NDPS Act, 1st Court, Jalpaiguri subject to condition that the said petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever or commit similar offences in future. 7. 7. In the event he fails to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court. 8. The application for bail, thus, stands allowed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) 1 2023 SCC OnLine SC 1109