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Calcutta High CourtCRM/4330/2021rejected

Pranab Ghosh @Babu v. State Of West Bengal

2021-09-22Hon'Ble Justice Harish Tandon,Hon'Ble Justice Bibek Chaudhuri2 pages

CRM 4330 of 2021 22.09.2021 court no.

: 28 Item no.

: PB-26 matter : 439 status : REJECTED transcriber : nandy In Re:- An application for Bail under Section 439 of the Code of Criminal Procedure filed on 28.06.2021 in connection with Barasat Police Station Case No. 465 of 2019 dated 26.08.2019 under Section 21(C) of the Narcotic Drugs & Psychotropic Substances Act.

and In the matter of: Pranab Ghosh alias Babu ......Petitioners Mr. Angshuman Chakraborty, Advocate ......for the Petitioners Ms. Sreyashee Biswas, Advocate ......for the State The petitioner has filed the instant application for bail in connection with Barasat Police Station Case No. 465 of 2019 dated 26.08.2019 under Section 21(C) of the Narcotic Drugs & Psychotropic Substances Act.

The petitioner has been apprehended in connection with the aforesaid case having possessed commercial quantity of contraband. Chargesheet has already been submitted and, in fact, charges have also been framed.

In course of the hearing, it transpires that not a single witness has been examined as on date.

Since we do not find any ground to take exception to Section 37 of the NDPS Act, the prayer for bail is rejected. However, we request the Learned Special Judge under the NDPS Act to take up the matter on the next date so fixed and endeavor shall be shown to record the evidence of all the chargesheeted witnesses. Co-operation from the defence as well as the prosecution is assured by the Counsel for the parties

before us. The Learned Special Judge is further requested to dispose of the proceeding as expeditiously as possible. The application being CRM 4330 of 2021 is accordingly dismissed.

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