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Calcutta High CourtCRM/9419/2020rejected

Debdas Basak @ Bappa v. State Of West Bengal

2021-02-03Hon'Ble Justice Tapabrata Chakraborty,Hon'Ble Justice Tirthankar Ghosh2 pages

03.02.2021 Court No.28 rpan / 01 C.R.M. 9419 of 2020 (Via Video Conference) In Re:- An application for bail under section 439 of the Code of Criminal Procedure in connection with Gangarampur P.S. Case No. 324 of 2020 dated 13.09.2020 under Sections 21(C)/27A of the Narcotic Drugs and Psychotropic Substances Act, 1985. And In Re : Debdas Basak @ Bappa - Petitioner.

Mr. Kaushik Chaudhury, Mr. Bushra Khatoon ....for the petitioner.

Mr. S. G. Mukherjee, Ld. P. P.

Mr. Sanjoy Bardhan, Mr. Palash Chandra Majhi ....for the State.

Pursuant to the earlier order passed by this Court on 25th January, 2021, the Investigating Officer and the Seizing Officer are personally present. Let the reports, as produced by the said officers, be kept on record.

The learned advocate appearing for the petitioner submits that the petitioner has been falsely implicated. The recovery of contraband substance was of an intermediary amount and not exclusively from the petitioner. Upon completion of investigation, charge-sheet has also been filed and as such, further detention of the petitioner, who is in custody for 142 days, is not necessary. The learned advocate appearing for the State opposes the petitioner's prayer and submits that 90 pieces of tablets, commonly known as Yaba, were recovered from the possession of the petitioner and other co-accused persons. The charge-sheet has been filed but the chemical report is still awaited.

Having heard the learned advocates and considering the materials in the case diary, the gravity of the offence and the extent of complicity of the petitioner in the alleged offence, we are not inclined to grant bail to the petitioner at this stage. Accordingly, the application for bail, being CRM 9419 of 2020, is rejected.

Personal appearance of the Investigating Officer and the Seizing Officer of the case is dispensed with. (Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)