Deben Barman v. State Of West Bengal

(Via Video Conference) 30.06.2021 CRM 2553 of 2021 Court No. 28 Item No. PB-46 nandy/biswas In Re: An application for Bail under Section 439 of the Code of Criminal Procedure filed on 05.03.2021 in connection with Balurghat Police Station Case No. 378 of 2020 dated 01.10.2020 under Sections 21(c)/22(c)/23(c)/25/27A/28/29 of the Narcotic Drugs and Psychotropic Substances Act (Special Case No. 73 of 2020).

and In the matter of: Deben Barman ...... Petitioner Mr. Kaushik Chowdhury, Advocate Ms. Bushra Khatoon, Advocate ......for the Petitioner Mr. Rana Mukherjee, Advocate Mr. Santanu Chatterjee, Advocate Ms. Debjani Sahu Banerjee, Advocate ...... for the State (bail rejected) The petitioner has filed the instant application for bail in connection with Balurghat Police Station Case No. 378 of 2020 dated 01.10.2020 under Sections 21(c)/22(c)/23(c)/25/27A/28/29 of the Narcotic Drugs and Psychotropic Substances Act. The petitioner has been implicated in the instant case after recovery of the contraband articles (phensedyl) of commercial quantity from his exclusive possession. The petitioner is languishing in jail for nearly 270 days.

It is no doubt true that charge-sheet has already been submitted without the Chemical Examination Report. We do not find it is a fit case where the petitioner is entitled to bail as exception to Section 37 of the Narcotic Drugs and Psychotropic Substances Act has been made out.

The prayer for bail is rejected.

The application being CRM 2553 of 2021 accordingly dismissed.

However, we show our concern over the delayed collection of the Chemical Examination Report, which impedes the progress of the trial.

We thus, direct the State to collect the said report within four weeks from date and further steps which are required to be taken shall be taken in this regard upon showing alacrity. (Harish Tandon, J.) (Subhasis Dasgupta, J.)