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Calcutta High CourtCRM/6996/2020rejected

Amal Santra @ Takla v. State Of West Bengal

2020-09-21Hon'Ble Justice Samapti Chatterjee,Hon'Ble Justice Tirthankar Ghosh2 pages

21. 09 . 2020 CRM 6996 of 2020 With CRAN 1 of 2020 (Via Video Conference) In re: An application for bail under Section 439 of the Code of Criminal Procedure, 1973.

BP/BR Sl.18 In the matter of : Amal Santra @ Takla...petitioner Mr. Debasis Kar Mr. Husen Mustafi Ms. Barsha Agarwal ..for the petitioner.

Mr. Arijit Ganguly Mr. Sanjib Kumar Dan ..for the State.

Learned advocate for the petitioner submits that the petitioner is in custody for more than three years six months and although the charge sheet has already been submitted, yet the chemical examination report has not been furnished before the learned Special Court.

Mr. Ganguly, learned advocate for the State produces the case diary and draws the attention of this court regarding the chemical examination report which reflects the date, 2nd of May, 2017.

In view of the chemical examination report that

has already been submitted way back and the recovery was made of commercial quantity which attracts Section 37 of the NDPS Act, we are not inclined to release the petitioner on bail.

Accordingly, the prayer for bail is rejected. However, as the petitioner is in custody for a considerable period of time we direct the Special Court to take steps/efforts for progress of the case after normal functioning of the court resumes.

The application for bail being C.R.M. 6996 of 2020 and C.R.A.N. 1 of 2020 are disposed of.

(Samapti Chatterjee, J. ) (Tirthankar Ghosh, J.)