Aswini Das Alias Ashwani Das v. State Of West Bengal

24.11.2020 pg.

CRM 7921 of 2020 (Through Video Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Krishnaganj P.S. Case No.277 of 2019 dated 27.11.2019 under Sections 21(C) and 23 of the Narcotic Drugs and Psychotropic Substances Act.

And In the matter of: Aswini Das @ Ashwani Das & Anr. .... Petitioners Mr. Sumanta Das ... For the Petitioners Mr. Sanjoy Bardhan Mr. Palash Chandra Majhi ... For the State The petitioners undertake to affirm and stamp the petition as per the Rules within one week of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking.

The petitioners state that the statutory period for furnishing the charge-sheet has expired and, as such, the petitioners as of right are entitled to bail even though commercial quantity of contraband has been recovered from the petitioners.

The State has produced the case diary. On a perusal of the records, it appears that the charge-sheet was prepared on May 22, 2020 and was forwarded on May 25, 2020. The date of arrest was November 27, 2019. Therefore, the State says that the charge-sheet was filed within the time mentioned in the statute. Considering the facts stated above and the submission made on behalf of the parties, since commercial quantity of contraband has

been recovered from the petitioners' possession, the prayer for bail stands rejected.

CRM 7921 of 2020 is disposed of.

(Sanjib Banerjee, J.) (Aniruddha Roy, J.)