64 26-02-2025 (ct. no. 29) KOLE Allowed CRM (NDPS) 175 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 NCB Crime No. 03/NCB/KOL/2023 dated 09.01.2023 under Sections 8(C)/20(b)(ii)(C)/29/35/54 of the NDPS Act. - A n d - In the matter of : Sk. Rajesh .... Petitioner. Mr. Toslim Ali, Mr. Sagnik Bhattacharyya, … For the Petitioner. Mr. Kollol Mondal, Mr. Somnath Adhikary, … For the NCB. Order dictated by Arijit Banerjee, J.: 1. The petitioner renews his prayer for bail which was earlier rejected on July 5, 2023. He says that nothing was recovered from him. He has been falsely implicated on the basis of statements made by co-accused persons. He is in custody for two years two months. On January 27, 2025, the learned Trial Court fixed six dates between February 5, 2025 and February 12, 2025, for recording of evidence. On none of the dates there was any progress in the matter. On the ground of delay he prays for bail. 2. Learned Advocate for the NCB says that in spite of e-mail dated February 11, 2025 having been sent by his learned junior to the Zonal Director, Kolkata Zonal Unit, NCB, seeking instructions in the matter, no instruction has been forthcoming. Even the case diary or copy thereof has not been made available to learned Advocate for NCB. 3. We find the aforesaid to be extremely unfortunate. Let a copy of the e-mail be kept with the records. 2 4. However, we find that only 1 prosecution witness has been examined and that too, in part. There are 6 charge sheet named witnesses. Various dates fixed for examination of witnesses have been wasted. We do not see possibility of an early conclusion of the trial. 5. Considering the period of detention of the petitioner, in spite of commercial quantity of ganja having been recovered from the accused person, solely on the touchstone of Article 21 of the Constitution of India, we feel constrained to enlarge the petitioner on bail. 6. Accordingly, we direct that the petitioner, namely, Sk. Rajesh, 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, Howrah 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 Rajarhat Police Station and shall meet the O.C./I.C. of the said Police Station twice in a week until further orders. 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. It is in public interest that officers of institutions like Narcotics Control Bureau operate with diligence which would 3 include instructing learned Advocate in litigations pending before the various courts. Unfortunately, in spite of instructions having been sought by learned Advocate representing NCB in this case, there was complete silence and indifference on the side of the concerned officer. We deprecate such conduct on the part of the concerned officer. 10. Let a copy of the order be sent to the Director General, Ministry of Home Affairs (India), West Block No. 1, Wing No. VRK Puran, New Delhi by the Registry of this Court. 11. 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. )