53 21-02-2025 (ct. no. 29) KOLE Allowed CRM (NDPS) 137 of 2025 In re: An application for bail under Section 439 of the Code of Criminal Procedure/Section 483 of the BNSS in connection with Berhampore Police Station Case No. 811 of 2023 dated 20.06.2023 under Sections 21(c)/29 of the NDPS Act. - A n d - In the matter of : Golam Sk .... Petitioner. Mr. Sekhar Kumar Basu, Mr. A. Rahaman, … For the Petitioner. Mr. Joydeep Biswas, Ms. M. Basak, … For the State. Order dictated by Arijit Banerjee, J.: 1. The petitioner renews his prayer for bail which was rejected earlier on August 23, 2024 in CRM (NDPS) 1283 of 2024. He says that while rejecting his prayer for bail on August 23, 2024, this court had directed the learned Trial Court to ensure that the issue of framing of charge was taken up positively on September 3, 2024, which was the next date fixed and if charge was framed against the petitioner, to conclude the trial with expedition at the earliest. However, although charge was framed on September 3, 2024, till date witness action has not begun. He is in custody for about one year eight months. 2. Opposing the bail prayer, learned State Advocate tells us that December 18 and 19, 2024, were the dates fixed for examination of witnesses. On that date the witnesses did not turn up. He says that on December 19, 2024, one accused person was also absent. The next dates fixed are February 28, 2024 and March 1, 2025. All efforts will be made to expedite the trial and conclude 2 the same on an early date. In view of huge quantity of morphine being involved, bail should not be granted to the petitioner. 3. We see there are 15 charge sheet named witnesses. Not even a single witness has been examined till date. It is highly unlikely that the trial will conclude on an early date. The petitioner is in custody for one year eight months. The fundamental right of a citizen to speedy trial and personal liberty can hardly be over-emphasized. Ordinarily, such right must override all other considerations. 4. Without touching the merits of the case and solely on the touchstone of Article 21 of the Constitution of India, we enlarge the petitioner on bail. 5. Accordingly, we direct that the petitioner, namely, Golam Sk, shall be released on bail upon furnishing a bond of Rs. 25,000/-, with two sureties of like amount each, one of whom must be local, to the satisfaction of the Learned Special Judge under the NDPS Act, Berhampore, Murshidabad subject to condition that he 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 and on further condition that the petitioner while on bail shall remain within the jurisdiction of the concerned police station and shall meet the O.C., STF, Murshidabad Unit, S.P. Office at Berhampore twice in a week until further orders. 6. 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. 3 7. The application for bail is, accordingly, allowed. 8. 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. )