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Calcutta High CourtCRM/4174/2021disposed

Usman Ali@Bapi v. State Of West Bengal

2021-09-16Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Bivas Pattanayak2 pages

16-09-2021 (ct. no.32) SKB Rejected CRM 4174 of 2021 (Via Video Conference) In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Case No.227 of 2019 arising out of Duttapukur Police Station Case No. 894 dated 26.11.2019 under Section 21(c) of Narcotic Drugs and Phychotropics Substances Act - A n d In the matter of : Usmal Ali @ Bapi .... Petitioner.

Mr. Goutam Banerjee ... For the petitioner.

Mr. Saryati Datta ... For the State.

Commercial quantity of contraband item (codeine mixture) was recovered from the possession of the petitioner. In view of the restrictions in Section 37 of the N.D.P.S., we are not inclined to entertain the petitioner's prayer for bail. The petitioner says that he is in custody for 660 days. Chemical report is not yet available.

The State says that in all probability, the chemical report has been obtained and supplementary charge-sheet has been filed but learned counsel is not sure on that count. In the event, chemical report has not yet been obtained, the same shall be obtained and if supplementary charge-sheet is required to be filed, the same shall be filed before the learned Trial Court within four weeks from date.

In view of the prolonged detention of the petitioner, we request the learned trial court to expedite the consideration of charges and generally expedite the trial to the extent possible.

Accordingly, the application for bail being CRM 4174 of 2021 is dismissed.

( Bivas Pattanayak, J. ) ( Arijit Banerjee, J. )