Alamgir Sardar And ANR v. State Of West Bengal And ORS.

01.06.2021 Sl. No.13 Court No.30 BM CRM 2722 of 2021 (Via Video Conference) In Re: An application for bail under Section 439 of the Code of Criminal Procedure, 1973.

And In the matter of: Alamgir Sardar & Anr.

... Petitioners Mr. Kusal Kumar Mukherjee ... for the petitioners Mr. Sanjoy Bardhan Mr. Palash Chandra Majhi ... for the State The petitioner with another persons were apprehended with possession of 899.02 grams of Yaba tablet containing Methaphetamine and caffeine which has been detected on test by the Central Forensic Science Laboray, Hyderabad as per the report placed at page 69 of the case diary. The contraband seized is much above the commercial quantity seized from the possession of the accused petitioners. It is submitted that the date is fixed for consideration of charge and the learned counsel for the petitioners submits for a direction upon the trial court to expedite the trial as expeditiously as possible.

Having considered the charge sheet on conclusion of the investigation and the material collected thereupon and further considering the FSL report and the commercial quantity of the contraband seized the prayer for bail is refused as barred by Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

However, we request the learned trial court to conclude the trial by delivery of judgement by following the mandate under Section 309 of the Code of Criminal Procedure.

CRM 2722 of 2021 stands dismissed.

(Aniruddha Roy, J. ) ( Shivakant Prasad , J. )