Masur Ali Gazi @Meso v. State Of West Bengal

CRM 4157 of 2021 (Via Video Conference) 16.08.2021 Court No.28 Item No.25 (REJECTED) In Re:- An application for bail under section 439 of the Code of Criminal Procedure filed in connection with Swarupnagar Police Station Case No. 492 of 2020 dated 03.10.2020 under Section 21(C) of the NDPS Act; And Saswata In the matter of : Masur Ali Gazi @ Meso

...Petitioner.

Mr. Angshuman Chakraborty ...For the Petitioner Mr. Sudip Ghosh Mr. Bitasok Banerjee Mr. A.K.Dutta ... For the State The petitioner has filed the instant application for bail under Section 439 of the Code of Criminal Procedure in connection with Swarupnagar Police Station Case No. 492 of 2020 under Section 21(C) of the NDPS Act. Though the charge sheet has been submitted by the prosecution, but without obtaining the chemical examination report. The matter has lingered on because of the apathy shown in collecting the chemical examination report.

We, therefore, direct the Investigating Officer to ensure that the chemical examination report is obtained within 15 days from date. Since, the commercial quantity of contraband was recovered from the possession of the petitioner, we do not find any ground to take exception to Section 37 of the NDPS Act.

The application for bail is, thus, considered and rejected. (Harish Tandon, J) (Bibek Chaudhuri,J.)