Manjarul Hoque Ansari v. State Of West Bengal

21.9.2020 ks

IN THE HIGH COURT AT CALCUTTA

Criminal Miscellaneous Jurisdiction C.R.M. No. 5700 of 2020 With CRAN 1/2020(Old No.CRAN 4080/2020) Manjarul Hoque Ansari -vsThe State of West Bengal In Re: An application for bail under Section 439 CrPC in connection with Kotwali P.S. Case No.51 of 2019 dated 21.1.2019 under sections 20(b) of the Narcotic Drugs and Psychotropic Substances Act and under Sections 25/27 of the Arms Act. Mr. Avik Ghatak, Mr. Soumya Nag, Md. Apzal Ansari ...for the petitioner.

Mr. Aditi Sankar Chakraborty(Circuit Bench at Jalpaiguri) ... for the State The advocate-on-record for the petitioners undertakes to affirm and properly stamp the petition as per the rules within one month of resumption of normal functioning of the court. The petition is taken up through video-conference on the basis of such undertaking.

The learned Advocate appearing for the petitioner submits that the petitioner was not produced immediately after arrest before the learned Special Court and as such he is entitled to the benefit of the statutory period for submission of charge-sheet. However, the learned Advocate for the petitioner submits that so far as the case records are concerned, the seizure was effected from the possession of the present petitioner which is about 24 kgs of contraband(ganja). Mr. Chakraborty, learned Advocate appearing for the State (Circuit Bench at Jalpaiguri) opposes the prayer for bail. We have taken into consideration the settled position of the law and the fact that the charge-sheet was submitted within the date and period from the date of first production before the jurisdictional

court being in seisin of this particular case. We find that there has been no illegality, which has been committed. Accordingly, we do not find any merit in the case.

As such, the application for bail is rejected. CRM No.5700 of 2020 and CRAN/1/2020(Old No.4080/ 2020) are disposed of.

[Tirthankar Ghosh J] [Samapti Chatterjee, J]