Lalan Roy v. State Of West Bengal

CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI 05.08.2021 Court No.28 Item No. JB-01 nandy (Via Video Conference) (BAIL - REJECTED) CRM 690 of 2021 In Re:- An application for Bail under Section 439 of the Code of Criminal Procedure filed on 24.06.2021 in connection with NJP Police Station Case No. 625 of 2020 dated 01.06.2020 under Sections 20(b)(ii)(c)/23(c) of the Narcotic Drugs & Psychotropic Substances Act.

and In the matter of: Lalan Roy ......Petitioner Mr. Sekhar Kumar Basu, Senior Advocate Mr. Abhijit Ganguly, Advocate ......for the Petitioner Mr. Aditi Sankar Chakraborty, learned A.P.P.

Mr. Aniruddha Biswas, Advocate ......for the State The petitioner has filed the instant application for bail in connection with NJP Police Station Case No. 625 of 2020 dated 01.06.2020 under Sections 20(b)(ii)(c)/23(c) of the Narcotic Drugs & Psychotropic Substances Act.

The commercial quantity of contraband i.e. 52.300 KGs of Ganja was recovered from the exclusive possession of the petitioner. The investigation could not be completed within the statutory period and it is undeniable that an application for extension of time was filed before the expiration of such period. Although the said application was disposed of after the expiration of the period from an anterior date, the defence was given liberty to contest the said application and disposal was secured after contested hearing. Now chargesheet has been filed. Both the learned Advocates are unable to apprise the Court

as to whether charges have been framed or not. Since we find that the instant case comes within the rigor of Section 37 of the Narcotic Drugs and Psychotropic Substances act, we are not inclined to grant bail to the petitioner at this stage. As such, the prayer for bail is rejected.

The application being CRM 690 of 2021 is accordingly dismissed.

However, we request the learned Special Judge, NDPS Court to fix a date for framing of charges and thereafter to expedite the trial of the case so that it may reach to its logical end at an earliest.

(Harish Tandon, J.) (Bibek Chaudhuri, J.)