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Calcutta High CourtCRM/6040/2021rejected

Gobinda Debath v. State Of West Bengal

2021-12-09Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Bivas Pattanayak4 pages

09.12.2021 sdas rejected C.R.M. 6040 of 2021 (via video conferencing) In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Swarupnagar Police Station Case No. 826 of 2019 dated 03.10.2019 under Section 21(c ) of the NDPS Act.

And In Re : Gobinda Debnath ..... petitioner Mr. Surajit Basu Ms. Ranu Mondal ... for the petitioner Mr. Sanjoy Bardhan Mr. Palash Chandra Majhi ... for the State Learned Counsel appearing for the petitioner submits that the petitioner is in custody for 810 days. Learned Counsel appearing for the State opposes prayer for bail.

Having considered the materials in the case diary prima facie disclosing involvement of the petitioner in the alleged possession of narcotic substance above commercial quantity i.e. 5.5 liters of Codeine Mixture and in view of statutory restrictions under Section 37 of the N.D.P.S. Act, we are not inclined to grant bail to him.

The application for bail is, thus, rejected.

Trial court is directed to frame the issue of charge within two months from the next date fixed for framing of charge without granting unnecessary adjourned to either of the parties. (Bivas Pattanayak, J.) (Joymalya Bagchi, J.)

C.R.M. 192 of 2018 In Re.: An application under Section 439 of the Code of Criminal Procedure filed on 05.01.2018 in connection with Karimpur Police Station Case No. 136 of 2012 dated 03.07.2012 under Sections 420/467/468/471/120B of the Indian Penal Code. And In Re : Rabish Kumar Upadhyay ..... petitioner Mr. Asraf Ali ... for the petitioner Mr. Debojyoti Deb ... for the State Having considered the materials on record prima facie disclosing involvement of the petitioner in the alleged crime of misappropriation of monies of the innocent depositors and the fact that the petitioner has absconded for a protracted period of time, we are not inclined to grant bail to the petitioner at this stage.

The application for bail is, thus, rejected. (Rajarshi Bharadwaj, J.) (Joymalya Bagchi, J.)