Ganesh Darjee v. The State Of West Bengal

JPD-13 Ct No.01 22.07.2024 TN Calcutta High Court In The Circuit Bench at Jalpaiguri Appellate Side CRM (NDPS) 256 of 2024 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Jaigaon Police Station Case No. 131 of 2023 dated 14.05.2023 under Section 22(C) of the NDPS Act, 1985.

And In the matter of: Sri Ganesh Darjee.

.... petitioner Mr. Kalipada Das ... for the petitioner Mr. Nilay Chakraborty, Ld. APP, Mr. Sourav Ganguly ... for the State 1.

Learned counsel for the petitioner submits that there was a delay of about four days in sending the sample for chemical analysis. Moreover, it is argued that the charge sheet was filed without the FSL report.

2.

Learned counsel appearing for the State opposes the prayer for bail and submits that the miniscule delay in sending the sample cannot be a justification for grant of bail, overriding the provisions of Section 37 of the NDPS Act, 1985. That apart, in the charge sheet itself, there is an indication that the FSL report shall be filed as and when obtained.

3.

We do not find that sufficient ground has been made out to override the otherwise mandatory provisions of Section 37 of the NDPS Act to grant bail to the petitioner at this stage. 4.

Accordingly, CRM (NDPS) 256 of 2024 is dismissed. (Sabyasachi Bhattacharyya, J.) (Prasenjit Biswas, J.)