Manjoy Mandal v. State Of West Bengal

CIRCUIT BENCH OF CALCUTTA HIGH COURT 16.12.2021 AT JALPAIGURI Court No.01 Item No. 28 (Via Video Conference) sg CRM 1039 of 2021 In Re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Kotwali Police Station Case No. 237 of 2021 dated 01.05.2021 under Sections 22A/29 of the NDPS Act. And In Re: Manjoy Mandal & Anr.

....Petitioners Ms. Jeenia Rudra ... For the Petitioners Mr. Nilay Chakraborty Mr. Tapan Bhattacharjee ... For the State In view of the report filed by the Inspector-in-Charge, Kotwali Police Station dated 2nd December, 2021 showing criminal antecedent of the accused persons, namely, Manjay Mandal and Hakaru Paswan in relation to Kotwali Police Station Case No. 246 of 2020, we are not inclined to release the petitioners on bail. However, we direct the Central Forensic Science Laboratory, TFSSMHA, Government of India, Bhopal to send the forensic report within one week from the date of communication of this order. The Inspector-in-Charge, Kotwali Police Station is directed to immediately communicate this order to the concerned authority for necessary action. The report so received shall be placed before the learned Special Court under NDPS Act, 2nd Court, Jalpaiguri within 14 hours from the receipt of the said report upon notice to the accused. The petitioners will be entitled to renew their prayer for bail after the FSL report is filed.

The report filed by the IO, Kotwali Police Station is taken on record.

The application for bail is, thus, rejected. CRM 1039 of 2021 is, accordingly, disposed of.

Urgent Photostat certified copy of this order, of applied for, be supplied to the parties upon compliance of all requisite formalities. (Biswajit Basu, J.) (Soumen Sen, J.)