Nirmal Das v. State Of West Bengal

06.04.2021 Item No.149 Ct.No.28 dc.

C.R.M. 1483 of 2021 In Re : An Application for bail under Section 439 of the Code of Criminal Procedure filed in connection with N-123 of 2019 arising out of Bizpur P.S. Case No. 678 of 2019 dated 17.11.2019 under Sections 21(C)/29 of the Narcotic Drugs and Psychotropic Substances Act.

And In Re :

Nirmal Das ... Petitioner.

Mr. Debayan Ghosh ... For the Petitioner.

Mr. Sudip Ghosh, Mr. Bitasok Banerjee ... For the State.

This is an application for bail in connection with N-123 of 2019 arising out of Bizpur P.S. Case No. 678 of 2019 dated 17.11.2019 under Sections 21(C)/29 of the Narcotic Drugs and Psychotropic Substances Act at the behest of the petitioner.

The commercial quantity of contraband is alleged to have been recovered from the possession of the petitioner. The petitioner is in custody since 17th November, 2019. We do not think that it is a fit case where the petitioner has been able to make out any case taking exception to Section 37 of the N.D.P.S. Act. As such, the petitioner's prayer for bail is rejected.

However, it appears to us that the charge-sheet has already been submitted, but the charge has not been framed. The learned Special Judge is requested to take utmost effort

to frame the charge and bring the case to its logical end at the earliest.

The application for bail, being CRM 1483 of 2021, is, thus, disposed of.

(Harish Tandon, J.) (Tirthankar Ghosh, J.)