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Calcutta High CourtCRM/1658/2021dismissed

Ujjal Mondal @ Babu v. State Of West Bengal

2021-09-02Hon'Ble Justice Debangsu Basak,Honble Justice Ananda Kumar Mukherjee2 pages

(AD) 02.09.2021 Court No.29 (Dismissed) C.R.M. 1658 of 2021 (Via Video Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed on 09/02/2021 in connection with Bongaon P.S. Case No.352 dated 25/06/2020 under Sections 21(c)/29 of the NDPS Act.

And In the matter of: Ujjal Mondal @ Babu ....petitioner.

Mr. Kamalesh Ch. Saha ...for the petitioner.

Mr. Rana Mukherjee, Ld. APP Ms. Sukanya Bhattacharya Md. Kutub Uddin ...for the State.

Petitioner seeks bail.

Learned Advocate appearing for the petitioner submits that one of the accused is still absconding. The warrant of arrest against such accused is yet to be executed. He submits that although the prosecution claims seizure of commercial quantity of Codeine mixture, the chemical report was not submitted before the jurisdictional Court.

Learned Advocate appearing for the State submits on the basis of the case diary that the prosecution obtained the chemical report and submitted the same with the jurisdictional Court.

Prayer for expeditious trial made on behalf of the petitioner at this stage cannot be allowed given the ongoing pandemic.

In such circumstances, considering the gravity of the offence and the fact that commercial quantity of Codeine mixture

was seized from the petitioner, we are unable to grant bail to the petitioner.

C.R.M. 1658 of 2021 is dismissed accordingly. (Debangsu Basak, J.) (Ananda Kumar Mukherjee, J.)