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Calcutta High CourtCRM (NDPS)/1112/2024rejected

Shankar Pandey @ Sankar Pande v. The State Of West Bengal

2024-08-19Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Apurba Sinha Ray2 pages

19-08-2024 (ct. no.28) KOLE CRM (NDPS) 1112 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Gopalnagar Police Station Case No. 531 of 2023 dated 22.08.2023 under Section 20(b)(ii)/29 of NDPS Act.

- A n d - In the matter of : Shankar Pandey alias Sankar Pandey .... Petitioner.

Mr. S. S. Saha, ... For the Petitioner.

Mrs. Rituparna Ghosh, Mr. E. Akhtar, ... For the State.

Order dictated by Apurba Sinha Ray, J.:

1.

Learned Counsel for the petitioner submits that the petitioner is in custody for one year. Charge has not yet been framed. As the investigation is complete, he may be enlarged on bail on any condition.

2.

Learned Counsel appearing for the State strongly opposes the prayer for bail. According to her, one accused person is absconding and that is why the charge could not be framed. There are sufficient incriminating materials against the present petitioner. She further submits that the FSL report shows that the seized article is ganja and accordingly she prays for rejection of the prayer for bail.

3.

We have gone through the materials on record including the case diary. It appears that there are sufficient incriminating materials against the present petitioner. In view of such materials, we are not inclined to enlarge the petitioner on bail, at this stage. 4.

CRM (NDPS) 1112 of 2024 is, thus, dismissed.

5.

The learned Trial Court is requested to split up the record and proceed with the trial of the present petitioner in accordance with law.

6. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. ( Apurba Sinha Ray, J. ) ( Arijit Banerjee, J. )