Bhagaban Jana And ORS., v. State Of West Bengal
02.9.2025 akb Sl. 240 Ct.29 Rejected CRM (NDPS) No. 1054 of 2025 In re: An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with the NSPS Case No. 05 of 2025 arising out of Kharagpur (Local) Police Station Case No.
of dated 14.02.2025 under Section 20(b)(ii)(c)/25/29 of the NDPS Act, 1985.
And In re: Bhagaban Jana & Ors. petitioners Mr. Soumyajit Das Mahapatra Ms. Madhurai Sinha ...for the petitioners Mr. Anand Keshari Ms. Manasi Roy ...for the State Prosecution case is that 34.11 kgs. of Ganja was recovered from the possession of the present three petitioners from a Maruti Swift Car and they are in custody since 14th February, 2025. It is submitted on behalf of the petitioner that the prosecution submitted charge sheet on 9.8.2025 without the FSL report and after expiry of 180th day i.e. on 13.8.2025 when the petitioners find that Section 36(a)(4) attracts as complete charge sheet has not been filed within 180 days, they made a prayer before the Trial Court on 14.8.2025 when their bail prayer was rejected. Referring the decision in the case of Ritu Chhabaria Vs. Union of India & Ors.
, reported in 2023 SCC OnLine SC 502 and also the rejection of related review application, being R.P. (CRL) No. 124 of 2025 in W.P. (CRL) No. 60 of 2023 dated 31st July, 2025, he submits that the charge sheet, which has been submitted by the prosecution in the instant case without the chemical examination report is an incomplete charge sheet and as such he is entitled to be released on statutory bail. Learned Counsel for the petitioners further submits that till date chemical examination report has not been submitted.
Learned Counsel appearing on behalf of the State opposed the bail prayer contending that the commercial quantity of Narcotic substance was recovered from the possession of the present petitioners and as such the rigour of Section 37 of the NDPS Act clearly attracts in respect of the present petitioners. She further submits that the charge sheet has been submitted within the statutory period and simply in the absence of chemical report in the charge sheet, it cannot be said that an incomplete charge sheet was submitted, which gives rise to the petitioner to pray for statutory bail. Having heard learned Counsel appearing on behalf of the petitioners and the State it appears that the petitioners failed to overcome the restrictions imposed in Section 37 of the NDPS Act and furthermore a Division Bench of this Court in Ananta Barman's Case (C.
R.M. (NDPS) 1617 of 2024), reported in 2025 SCC OnLine Cal. 3942 has turned down such contention and as such I find no merit in the petitioners' prayer for granting statutory bail on that ground. Therefore, the bail prayer made by the petitioners stands rejected. The application, being CRM (NDPS) 1054 of 2025 is accordingly disposed of.
Urgent Photostat certified copy of this order, if applied for, be given to the parties upon compliance of all requisite formalities. (Dr. Ajoy Kumar Mukherjee, J.)