Calcutta High CourtCRM/31/2021dismissed

Sohonlal Hariram Bishnoi And ANR v. State Of West Bengal

2021-01-28Hon'Ble Justice Rajesh Bindal, Chief Justice (Acting)),Hon'Ble Justice Saugata Bhattacharyya2 pages

28.01.2021 SL No.04 Sh CRM 31 of 2021 With CRAN 1 of 2021 (Through Video Conference) Sohonlal Hariram Bishnoi & Anr.. Petitioners. Vs.

The State of West Bengal... .. Respondent. Mr. Jaydeep Kanta Bhowmik.

.. Advocate for the Petitioners present in Court. M/s. Tapan Bhattacharjee, Biswarup Roy.

..Advocates for the State present in Court.

The present petition has been filed for grant of default bail in NDPS Case No.09/2020 arising out of Kotwali Police Station Case No. 118/2020 dated 12/02/2020, registered under Sections 17(c)/20(b)(ii)/21(c)/25/29 of the NDPS Act 1985. Learned counsel for the petitioner submitted that he was arrested on 13-02-2020. Time was extended for presentation of charge sheet, which expired on 08-12-2020. An application seeking extension of time was filed on 02-12-2020. No order was passed thereon by the Court before expiry of the period. The application was finally allowed on 07-01-2021.

On the other hand, learned counsel for the respondent submitted that after filing of the charge-sheet an application was filed for extension of time to present the charge-sheet before the expiry of the period. The matter was taken up for hearing on 02-12-2020 and was adjourned to 07-12-2020. On that day the members of the bar

CRM 31 of 2021 With CRAN 1 of 2021 were on strike. The case was adjourned to 19-12-2020 and on that day none appeared on behalf the petitioners. The case was adjourned to 17-02-2021. Thereafter an application was filed by the prosecution and the matter was taken up on 06-01-2021. It was adjourned on the request of the learned counsel for the petitioner to enable him to file written objection to the application filed for extension of time. Vide order dated 07-01-2021 the Court had extended the time for filing of charge-sheet for a period of 60 days, with effect from 0912-2020. Learned counsel for the petitioner submitted that as the extension of time for presentation of the charge-sheet was prayed for by the prosecution by filing an application before expiry of the period, he does not wish to press the present petition though it was allowed later on.

The petition along with the connected application are dismissed as not pressed.

( RAJESH BINDAL, J.) ( SAUGATA BHATTACHARYYA,J.)