1 IN THE HIGH COURT AT CALCUTTA CRIMINAL MISCELLANEOUS JURISDICTION APPELLATE SIDE CRM (NDPS) 92 of 2025 In re: An application for bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Raj Kumar Gupta -Vs.- The Union of India (N.C.B.) Before: The Hon’ble Justice Arijit Banerjee The Hon’ble Justice Apurba Sinha Ray For the petitioner : Mr. Soumya Basu Roy Chowdhury, Adv. For the NCB : Mr. Arun Kumar Maity (Mohanty), Adv. Mr. R. R. Mohanty, Adv. For orders on : 20.03.2025 Arijit Banerjee, J.:- 1. Report filed by NCB be kept with the records. 2. From the report we find that till date, 5 out of 10 charge sheet named witnesses have been examined by the prosecution. The petitioner is in custody for almost 3 years. 3. We further find that while rejecting the petitioner’s bail prayer by an order dated May 9, 2024, passed in CRM (NDPS) 671 of 2024, a coordinate bench had recorded the assurance meted out by the prosecution that the 2 trial shall be concluded within 8 months from the next date fixed for recording evidence subject to cooperation by defence and systemic reasons. 4. The petitioner says that in spite of such direction, the trial is no where near conclusion. He prays for bail on the ground of delay and long detention. 5. Opposing the prayer, learned Advocate for NCB says that 436 Kgs of Poppy straw was seized from the petitioner. He says that there is sufficient incriminating evidence against the petitioner. All efforts will be made to conclude the trial on an early date. He strongly opposes the petitioner’s prayer for bail. 6. We find from the order sheets of the learned Trial Court that the Trial Court is lying vacant upon superannuation of the learned Presiding Officer. Nobody knows when the vacancy will be filled up. The petitioner is in custody for almost three years. 5 witnesses remain to be examined by the prosecution. Thereafter there will be examination of the accused persons under Section 313 Cr.P.C. Then arguments of the parties. Thereafter judgment will be delivered. 7. Hence, we do not see any real possibility of an early conclusion of the trial. The prosecution may have an iron-cast case to secure the conviction of an accused person. However, that per se, will not justify incarceration of the accused person for an indefinitely or unreasonably long period of time. Ordinarily, a citizen’s fundamental right to personal liberty and speedy trial as enshrined in Article 21 of the Constitution of India, overrides all other considerations. We do not see that the delay in progress of the trial in the present case can be attributed to the petitioner. 3 8. Hence, without touching the merits of the case and solely on the touchstone of Article 21 of the Constitution of India, we are constrained to allow the petitioner’s prayer for bail. 9. Accordingly, we direct that the petitioner, namely, Raj Kumar Gupta, 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 learned Additional District and Sessions Judge, Special Judge, NDPS Act, 3rd Court, Howrah. 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 shall not commit any cognizable offence in any manner whatsoever. The petitioner shall remain within the jurisdiction of Howrah Police Station except for the purpose of attending the Court proceedings and shall appear before the Officer-in-Charge/Inspector-in-Charge of the said police station once in a week, until further orders. 10. Urgent certified website copies of this order, if applied for, be supplied to the parties subject to compliance with all the requisite formalities. (ARIJIT BANERJEE, J.) I agree. (APURBA SINHA RAY, J.)