Raj Kumar Tamang v. State Of West Bengal

In the Calcutta High Court Circuit Bench at Jalpaiguri (Criminal Miscellaneous Jurisdiction) (Through Video Conference) 26.08.2022 cm/ct 28 C.R.M. (NDPS) No. 255 of 2022 sl. no. 2 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Pradhan Nagar P.S Case No. 1039 of 2021 dated 28.12.2021 under Sections 21 (c )/22( c ) of the N.D.P.S. Act. Rejected And In Re : Raj Kumar Tamang ..... petitioner Mr. Niladri Shekhar Ghosh Mr. M. N. Chowdhury Ms. Srimoyee Chakraborty Ms. Sompurna Chatterjee Mr. Sourav Mondal ...... for the petitioner Mr. Aditi Shankar Chakraborty, Ld. A.P.P.

Mr. Tapan Bhattacharjee ...... for the State Heard the learned advocates appearing for the parties. Petitioner prays for statutory bail. He submits that the application for extension is not in form.

Learned lawyer for the State opposes the prayer for bail. Prayer for extension of period of detention had been made prior to the application for statutory bail. Learned lawyer for the State submits charge-sheet was filed within the statutory period. In reply, learned counsel submits that the charge-sheet has filed without chemical examiner's report.

We have considered the materials on record. Application for extension period of detention was filed before the special court prior to the application for statutory bail. Inadvertently the contraband

was described as Ganja. Time to file charge-sheet was extended and the charge-sheet came to be filed within the said period. Hence, we are not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is dismissed. Chemical Examiner's report be filed before the trial court at the earliest.

( Ananya Bandyopadhyay, J. ) ( Joymalya Bagchi, J.)