Sri Gobinda Kumar Mandal v. Union Of India (Ncb)

CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI 23.09.2021 Court No.01 rpan /11 CRAN 1 of 2021 with C.R.M. 539 of 2021 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure;

and In Re : Sri Gobinda Kumar Mandal ....Petitioner.

Ms. Suman Sehanabis (Mondal), Ms. Arpita Saha ... for the petitioner.

Ms. Panchali Deb Sikdar (Nag) ... for the NCB.

Apprehending arrest in connection with N.C.B. Crime No.55/NCB/KOL/2017 dated 2nd November, 2017 under Section 21 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985, the petitioner has filed the present application. The learned advocate appearing for the petitioner submits that the petitioner has been falsely implicated. The principal accused was granted interim bail on 30th November, 2017. Thereafter, the application for cancellation of bail, as preferred by the NCB, was rejected on 7th February, 2018. However, further application for cancellation of bail of Reema Mandal has again been preferred by the NCB and the same has been fixed for hearing on 8th November, 2021. Upon completion of investigation, charge-sheet has also been submitted. In view of the changed circumstances, the present application is maintainable and custodial interrogation of the petitioner is not warranted.

The learned advocate appearing for the NCB is present. Records reveal that the petitioner's first application for anticipatory bail was rejected by a coordinate bench on 4th May, 2018. He again preferred another application for anticipatory bail and the same was rejected on 7th February, 2019. The chargesheet was submitted prior thereto on 2nd August, 2018. In our opinion that there had been no substantial change in the circumstances due to subsequent events after rejection of the petitioner's earlier prayer for anticipatory bail. As such, his prayer for anticipatory bail is refused.

Accordingly, the application for anticipatory bail, being CRM 539 of 2021 is dismissed.

The application for early hearing, being CRAN 1 of 2021 is disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Abhijit Gangopadhyay, J.) (Tapabrata Chakraborty, J.)