JUDGMENT 1. THE Additional Government Advocate, Ministry of Law and Justice, Department of Legal Affairs, Branch Secretariat, Kolkata is personally present in Court. He prays for filing a reply to the affidavit filed by the Zonal Director, Eastern Zonal Unit, N.C.B. Prayer is allowed. 2. MR. Chatterjee, learned Counsel appearing for the N.C.B. is directed to serve a copy of the said affidavit upon MR. S. S. Sarkar, the Additional Government Advocate, Ministry of Law and Justice, Department of Legal Affairs, Branch Secretariat, Kolkata. 3. LET the hearing of this case be adjourned till 30.01.2012. 4. IN the meantime, reply if any, be filed. 5. PERSONAL appearance of Mr. S. S. Sarkar, the Additional Government Advocate, Ministry of Law and Justice, Department of Legal Affairs, Branch Secretariat, Kolkata is dispensed with. 6. NOW coming to the question of bail, we find while this petitioner is in custody in connection with another case relating to the offences punishable under Sections 21 (c) and 29 of the N.D.P.S. Act which has already ended in his acquittal, he on being shown arrested was taken into custody in connection with this case on September 21, 2002. The trial of this case has already commenced on and from August 9, 2010 after charge being framed against him. However, uptil now only one witness has been examined in full while another in part out of total 16 witnesses. It appears from the materials-on-record the trial was adjourned on various occasions because the prosecuting agency has failed to produce its witnesses. 7. HAVING regard to the materials-on-record, we find that only material pitted against the present petitioner is the statement of one of the co-accuseds recorded under Section 67 of the N.D.P..S. Act. 8. THE learned Counsel for the N.C.B. opposes the prayer for bail on the ground that trial has already started. But he is unable to explain why the N.C.B. was unable to produce its witnesses on the date fixed by the trial Court for their evidence. It cannot be disputed that the right to speedy trial is a fundamental right of an accused guaranteed under Article 21 of the Constitution. Such right cannot be denied to an accused irrespective of the gravity of the offence. Now the petitioner is in custody for more than 9 years. It cannot be disputed that the right to speedy trial is a fundamental right of an accused guaranteed under Article 21 of the Constitution. Such right cannot be denied to an accused irrespective of the gravity of the offence. Now the petitioner is in custody for more than 9 years. Considering the above aspect of the matter and the petitioner’s period of detention, we allow his prayer for bail. 9. LET the petitioner be released on bail to the satisfaction of the learned Special Judge, N.D.P.S. Act, Barasat, North 24-Parganas on a bond of Rs. 20,000/- with two sureties of Rs. 10,000/- each, both of whom must be local and on further condition that after release, he shall report to the Office of the N.C.B. thrice in every week until further order. 10. WE make it clear it will be open to the trial Court that If on any day the petitioner is found absent, without any justifiable reason, the Court shall have the liberty to cancel his bail and to take him into custody without any reference to this Court. 11. THE application for bail is thus, disposed of. Let a photostat plain copy of this order duly countersigned by the Assistant Registrar (Court) be handed over to the learned Counsel for the parties on usual undertaking.