10 17-03-2025 CRM (NDPS) 73 of 2025 (ct. no.29) S. De (Allowed) In re: An application for bail under Section 439 of the Code of Criminal Procedure corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with N.C.B. Crime No.07/NCB/Kol/2022 dated 19.02.2022 under Sections 21(c) of the Narcotic Drugs & Phychotropic Substances Act 1985 and subsequently complaint has been filed under Sections 21(c)/23(c)/28/29 of the Narcotic Drugs & Phychotropic Substances Act 1985. - A n d - In the matter of : Palan Haldar. .... Petitioner. Ms. Shabana Hasin, Ms. Samima Akter, … For the Petitioner. Mr. Krishnendu Bhattacharyya, Mr. R.K. Thakur, … For the NCB. Order dictated by Arijit Banerjee, J. 1. From the report of the registry placed before us, we find that our order dated October 1, 2024, rejecting CRM (NDPS) 1270 of 2024 and expediting the trial, directing the Trial Court to conclude the trial definitely within 4 months from the date of communication of the order, was communicated to learned Trial Court vide Memo dated November 28, 2024. 2. We are extremely surprised as to why it took our registry almost two months to communicate the order to learned Trial Court. We express our displeasure and deprecate such inaction on the part of the registry. 3. Anyway, we find that even from the date of communication of the order dated October 1, 2024, almost 4 months have elapsed. Only 1 prosecution witness has been examined, that too, in part. The petitioner is in custody for more than 3 years. 2 4. We do not see any possibility of an early conclusion of the hearing. Without touching the merits of the case and solely on the touchstone of Article 21 of the Constitution of India, we feel constrained to allow the petitioner’s prayer for bail. 5. Accordingly, we direct that the petitioner, namely, Palan Haldar shall be released on bail upon furnishing a bond of Rs. 25,000/- with two sureties of Rs.12,500/- each, one of whom must be local, to the satisfaction of the Learned Judge, Special Court (under the NDPS Act), Berhampore, Murshidabad subject to the condition that the petitioner shall remain within the jurisdiction of the Berhampore Police Station and shall meet the Inspector-in-Charge, Berhampore Police Station, once in a week until further orders. 6. The petitioner shall appear before the trial Court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever. 7. In the event the petitioner fails to adhere to any of the conditions stipulated above without justifiable cause, the trial court shall be at liberty to cancel the petitioner’s bail in accordance with law without further reference to this court. 8. The application for bail is, accordingly, allowed. 9. Let a copy of this order be placed before the learned Registrar General for her information and necessary action. 10. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Apurba Sinha Ray, J.) ( Arijit Banerjee, J. )