Jakir Hussain v. State Of West Bengal

ADDL 6.

December 1, 2020.

SG CRM 8103 of 2020 In Re. An application for bail under Section 439 of the Code of Criminal Procedure in connection with Dhupguri Police Station, Jalpaiguri Case No.253 of 2018 dated 27.07.2018 under Sections 20(b)(ii)(c) of NDPS Act.

In the matter of: Jakir Hussain ...petitioner.

Ms M.D. Majumdar ... for the petitioner.

Mr Niloy Chakraborty Mr Aniruddha Biswas ... for the State.

The petitioner undertakes to affirm and stamp the petition as per the Rules within 48 hours of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking. By the previous order of November 17, 2020, the State was directed to report on the steps taken against the owner of the vehicle, Ananta Bijay Chetia, and another co-accused Abdul Mukit.

It is submitted on behalf of the State that both Mukit and Chetia are absconding. The State refers to the investigating officer having gone searching in the neighbouring areas and to some States in the North-East, but to no avail.

As far as the petitioner is concerned, his prayer for bail cannot be acceded to, in view of the commercial quantity of contraband recovered from his possession.

As far as the other two are concerned, the Superintendent of Police is directed to file a report to the trial court within three weeks as to why the State has not been able to apprehend Abdul Mukit and Ananta Bijay Chetia. CRM 8103 of 2020 is disposed of.

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