Petitioner is accused in Crime No.44 of 2013 of the Excise Enforcement and Anti Narcotic Special Squad, Ernakulam for the offence punishable under Sec.8(c) read with Sec.21(b) of the NDPS Act, 1985, for alleged possession of 30 grams of heroin for sale on 29.11.2013, is in custody since then and seeks bail. 2. Learned Public Prosecutor has opposed the application. It is submitted that there are sufficient materials to show that the contraband was seized from the possession of the petitioner. It is also submitted that since the petitioner belongs to an interior part of the State of West Bengal, if released on bail, he might make himself scarce for trial. It is submitted that since final report is already filed on 21.01.2014, learned Sessions Judge, Ernakulam be directed to dispose of the case as early as possible.
3. Learned counsel submitted that the petitioner is the only bread winner of the family and that the family is in under poverty.
4. Having regard to the relevant circumstances, I am inclined to think that the learned Sessions judge could be directed to dispose of the case as early as possible and at any rate within two months from the date of receipt of a copy of this judgment. In case trial is not completed within the aforesaid time, the petitioner could move fresh application for bail.
The application is disposed of as under.
1. Request of the petitioner for bail cannot be allowed at this stage.
2. Learned Sessions Judge, Ernakulam is directed to expedite trial and disposal of the case of the petitioner (Crime No.44 of 2013 of the Excise Enforcement and Anti Narcotic Special Squad) at any rate, within two months from the date of receipt of a copy of this judgment.
3. It is made clear that in case the trial is not completed within the aforesaid time, it is open to the petitioner to move fresh application for bail either in the Sessions Court or in this Court.
4. Registry shall forward a copy of this judgment to the learned Sessions Judge, Ernakulam forthwith.
Sd/-
THOMAS P. JOSEPH JUDGE /True Copy / NS P.A. To Judge