Bappa Halder v. State Of West Bengal

CRM 4286 of 2021 (Via Video Conference) 23.08.2021 Court No.28 Item No.49 (REJECTED) In Re:- An application for bail under section 439 of the Code of Criminal Procedure filed on 21.06.2021 in connection with Bongaon Police Station Case No. 400 of 2020 dated 14.07.2020 under Section 21(C) of the Narcotic Drugs and Psychotropic Substances Act; Ab And In the matter of : Bappa Halder.

...Petitioner.

Mr. Angshuman Chakraborty.

...For the Petitioner Mr. Swapan Banerjee, Ms. Purnima Ghosh.

... For the State.

The petitioner has filed the instant application for bail under Section 439 of the Code of Criminal Procedure after being arrested in connection with Bongaon Police Station Case No. 400 of 2020 dated 14.07.2020 under Section 21(C) of the Narcotic Drugs and Psychotropic Substances Act.

Indubitably, the commercial quantity of contraband was recovered from the exclusive possession of the petitioner. The petitioner is in custody since 14th July 2020. It transpires in course of hearing that the charge-sheet has already been submitted and 31st August 2021 is the date fixed for framing of charges.

Since the commercial quantity of contraband was recovered from the exclusive possession of the petitioner and because of the rigor to Section 37 of the Narcotic Drugs and Psychotropic Substances Act, the prayer for bail of the petitioner is rejected. However, we request the learned Special Judge under NDPS

Act, Barasat, North 24-Parganas, to take up the matter on 31st August 2021 and endeavour shall be shown to frame the charges in order to expedite the trial.

(Harish Tandon, J) (Bibek Chaudhuri,J.) of