Surajit Biswas @ Raju v. State Of West Bengal

13.07.2022 cm/ct 28 C.R.M. (NDPS) No. 775 of 2022 sl. no. 10 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with NDPS Case No. 69 of 2021 arising out of Chakdah P.S Case No. 301 of 2021 dated 09.07.2021 under Sections 20 (b )(ii)( c ) of the N.D.P.S. Act.

Rejected And In Re : Surajit Biswas @ Raju ..... petitioner Mr. Shibaji Kumar Das Ms. Rupsa Sreemani ...... for the petitioner Mr. Antarikhya Basu Ms. Mousumi Basu ...... for the State Petitioner is in custody for 372 days. He submits that he has been falsely implicated in the instant case. He also submits chemical report has not been filed.

Learned lawyer for the State opposes the prayer for bail. He submits supplementary charge-sheet enclosing chemical report has been filed.

Keeping in mind the materials on record prima facie establishing alleged possession of narcotic substance i.e. 25 kg 500 gms. ganja which is above commercial quantity from the petitioner. In view of the aforesaid incriminating materials and in the light of the statutory restrictions under Section 37 of the N.D.P.S. Act, we are not inclined to grant bail to the petitioner. Trial court is requested to consider the issue of framing charge at the earliest and in the event charge is framed to take the

proceeding to its logical conclusion without granting unnecessary adjournments to either of the parties.

Accordingly, the prayer for bail of the petitioner is rejected. ( Ananya Bandyopadhyay, J. ) ( Joymalya Bagchi, J.)