Abhisekh Pradhan v. The State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI APPELLATE SIDE 01.03.2023. C.R.M. (NDPS) 160 of 2023 17/tkm In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Bhaktinagar P.S case no.1590 of 2021 dated 18.12.2021 under sections 21(c)/ 22(c) /23(c) of the NDPS Act.

In the matter of : Abhishek Pradhan ... Petitioner Ms. A Mandla Ms. A Halder ...for the Petitioner Mr. Aditi Shankar Chakraborty Mr. Arjun Chowdhury ...for the State.

Petitioner is in custody for more than one year. She submits police report was filed without chemical examiner's report. She further submits that samples were not drawn at the spot in terms of Standing Instruction no. 1 of 1988. Petitioner prays for bail.

Learned lawyer for the State opposes the bail prayer. He submits that the samples were drawn in accordance with law. He assures this court that chemical examiner's report shall be filed within four weeks.

We have considered the materials on record. Statements of witnesses and other contemporaneous documents show recovery of narcotics above commercial quantity from the petitioner. In Union of India vs. Mohonlal & Anr1., Hon'ble Apex 1 (2016) 3 SCC 379

Court inter alia held that drawal of samples at the spot in terms of Standing Instruction of 1 of 1988 is not permissible. Whether the manner of drawal of samples has prejudiced the petitioner requires to be assessed in the light of the evidence adduced during trial. Hence, no case to grant bail on merits in the light of restrictions under section 37 of the NDPS Act is made out. Police report had also been filed within the stipulated time. Non-accompaniment of documents e.g. chemical report with the charge sheet does not change the character of the police report under section 173(2) of the Code of Criminal Procedure. Reference may be made to Suresh Kumar Bhikamchand Jain vs. State of Maharashtra & Anr.2 And Serious Fraud Investigation Office vs. Rahul Modi & Ors.3 That apart, it is assured that chemical examiner's report shall be filed shortly. Under such circumstances, we are also not inclined to grant bail to the petitioner on the ground of non-submission of police report within stipulated period.

Accordingly, prayer for bail is rejected.

(Subhendu Samanta,J.) (Joymalya Bagchi, J.) 2 (2013) 3 SCC 77 3 2022 SCC OnLine SC 153