Sabana Bibi And ANR v. State Of West Bengal

CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI 14.06.2021 Court No. 30 Item No. 34 nandy/seth (Via Video Conference) (bail rejected) CRM 652 of 2021 In Re: An application for Bail under Section 439 of the Code of Criminal Procedure filed on 14.06.2021 in connection with Dinhata Police Station Case No. 430 of 2020 dated 11.11.2020 under Sections 21(C)/29 of the Narcotic Drugs and Psychotropic Substances Act.

and In the matter of: Sabana Bibi & Anr.

...... Petitioners Mr. Sabir Ali, Advocate ......for the Petitioners Mr. Sourav Ganguly, Advocate ...... for the State Petitioners seek bail on the ground of delay in filing the charge-sheet within the statutory period of 180 days from the date of the arrest.

Learned Advocate appearing for the petitioner submits that the petitioner was arrested on November 11, 2020. Charge-sheet was not submitted within the statutory period of 180 days. Learned Advocate appearing for the State refers to the order dated May 17, 2021 and submits that the Investigating Officer submitted charge-sheet dated April 30, 21. He submits that the application for bail was rejected subsequently by the learned Sessions Judge, First Court, Cooch Behar (NDPS). The allegations as against the petitioners are grave in nature and includes Section 21(C)/29 of the NDPS Act. It appears from the record made available to Court that the allegations of delay in filing

the charge-sheet within the statutory period of 180 days cannot be substantiated.

In such circumstances, we are not inclined to grant bail to the petitioners.

As such, the prayer for bail is rejected.

The application being CRM 652 of 2021 accordingly dismissed.

(Debangsu Basak, J.) (Aniruddha Roy, J.)