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Calcutta High Court (Appellete Side)
Amir Hamja vs Unknown on 24 April, 2025
24.04.2025
40
SB
C.R.M. (NDPS) 336 of 2025
In Re:- An application for bail under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 in connection
with NDPS Case no. 191 of 2022 arising out of Kaliachak
Police Station case no. 1335 of 2022 dated 19.11.2022 under
Sections 379/411/413/414 of the Indian Penal Code, 1860
and Sections 21(c)/27A/29 of the NDPS Act, 1985.
And
In the matter of : Amir Hamja
…. Petitioner
Md. Wasim Akram
Ms. Sabrina Parvin …for the Petitioner
Mr. Kaushik Kundu
Ms. Mamata Jana …for the State
The report submitted by the State and the copy of the
order passed by Apex court in Special Leave to Appeal
(Criminal) no. 7376 of 2024 filed by the petitioner are taken
on record.
This is renewal of bail prayer which was earlier rejected
by this court on 19.1.2024. It is submitted that the petitioner
in the meantime preferred Special Leave to Appeal before the
Apex court which was also rejected but liberty was given to
the petitioner to renew the prayer for bail after expiry of six
months vide order dated 11.9.2024.
Petitioner further submits that he is in custody for about
two years and seven months and that there is no chance of
early disposal of the case and the delay in trial cannot be
attributed to the petitioner and for which, he may be granted
bail in any terms and conditions since his fundamental right
2
to speedy trial which has been guaranted under the
constitution of India shall override all other considerations.
Learned counsel for the State submits that in the present
application, the petitioner has suppressed that he has moved
the Special Leave to Appeal before the Apex Court. He further
submits that out of seven witnesses, whom the prosecution
proposed to examine, only two witnesses have been examined
so far and five witnesses are yet to be examined. He further
submits that 272 bottles of Phensedyl Syrup with 67 mobile
phones were recovered from the possession of the petitioner
and as such, he opposes the prayer for bail.
Having considered the facts and circumstances of the
case and that the petitioner is in custody for about two years
and seven months which is a considerable period for
conclusion of trial staring from investigation and that the
delay in trial cannot be attributed to the petitioner herein, as
reflected from the order-sheet and that out of seven witnesses
only two witnesses have been examined so far, though the
charge has been framed about one year back and it is
uncertain and un predictable, when the examination of rest
witnesses would be concluded and that fundamental right to
speedy trial of the petitioner, has been curtailed due to
prolonged incarceration specially in view of the fact that for
timely disposal of the cases, special courts have been created
under section 37 of the Act, the prayer for bail made by the
petitioner is allowed.
3
Accordingly, the petitioner namely, Amir Hamja shall be
released on bail upon furnishing a bond of Rs. 20,000/- with
two registered sureties of Rs. 10000/- each, of which one
must be local, subject to the satisfaction of the learned Chief
Judicial Magistrate, Malda and also on condition that the
accused person shall not mis-use the liberty granted by this
Court and he shall not tamper with any evidence orally or
documentary during the trial. He shall not absent himself on
any day during trial and shall not commit any offence while
on bail. He shall give him mobile phone number to the local
police station and shall not change it without prior permission
of the trial court and he shall not in any manner try to delay
the trial. The petitioner shall not leave the jurisdiction of court
without taking leave from the court below. The court below
will be at liberty to cancel the bail in the event of violation of
any of the conditions without making any reference to this
court.
Be it mentioned, that anything said herein shall not be
construed as an expression of opinion on the merit of the
case.
Accordingly, CRM (NDPS) 336 of 2025 is disposed of.
Urgent Photostat certified copy of this order, duly applied
for, be given to the parties upon compliance of all requisite
formalities.
(Dr. Ajoy Kumar Mukherjee, J.)
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