Kalu Sk v. State Of West Bengal

CRM(NDPS) No.185 of 2022 Via video conference 28.02.22 (S.R.) Sl.31 Ct.32 In re: An application for bail under Section 439 of the Code of Criminal Procedure filed in connection with Berhampore Police Station Case No.245 of 2021 dated 10/03/2021 under Sections 22(c)/29 of the NDPS Act;

And In re: Kalu Sk.

... petitioner.

Ms. Minoti Gomes ... for the petitioner.

Mr. Binay Panda Mr. Subham Bhakat ... for the State.

Heard the learned advocates appearing for the respective parties and considered the materials in the case diary. It appears that contraband substance above commercial quantity was recovered from the possession of the petitioner and two other coaccused persons. As such, the statutory restrictions are clearly attracted. In view thereof, the petitioner's prayer for bail, who is in custody for about one year, is refused at this stage. Ms. Gomes, learned advocate appearing for the petitioner, however, submits that the chemical examiner's report has not yet been obtained.

State is directed to take expeditious steps to obtain the chemical examiner's report and to file the supplementary charge sheet, if any, immediately and thereafter the learned court below shall expeditiously conduct the trial without granting any unnecessary adjournment to either of the parties.

The application for bail being CRM(NDPS) No.185 of 2022 is, accordingly, disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Sugato Majumdar, J.) (Tapabrata Chakraborty, J.)