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Calcutta High CourtCRM(NDPS)/502/2024rejected

Ujjal Roy And ORS v. The State Of West Bengal

2024-12-03Hon'Ble Justice Shampa Sarkar,Hon'Ble Justice Partha Sarathi Chatterjee2 pages

03.12.2024 SL No.17 srm/Mujahid (Rejected) Calcutta High Court In The Circuit Bench at Jalpaiguri C.R.M. (NDPS) 502 of 2024 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973/Section 483 of the B.N.S.S. 2023 filed on 04.11.2024 in connection with Alipurduar P.S. Case No. 71/2024 dated 24.02.2024 under Sections 21(C)/27A/29 of the NDPS Act.

And In the matter of: Sri Ujjal Roy & ors.

....Petitioners Mr. Kalipada Das ...for the petitioners Mr. Nilay Chakraborty, Mr. Tapan Bhattacharjee ...for the State The petitioners pray for bail on the ground that they are languishing in jail for 280 days. It is submitted that 22 witnesses have been cited in the charge-sheet and there is a remote possibility of early conclusion of the trial. The petitioners further submit that the sample was sent for chemical examination prior to certification.

Learned Additional Public Prosecutor opposes such prayer and hands over the case diary. He takes us through the contents thereof. Commercial quantity of contraband article has been seized from the petitioners. The certification was done on February 27, 2024. The sample was sent for examination on February 29, 2024. The sample was received on March 1, 2024

and the chemical examination report was provided on June 24, 2024.

Under such circumstances, we do not find any, prima facie, irregularity in the procedure. The prayer for bail is rejected.

The petitioners may thrash all points at the trial. (Partha Sarathi Chatterjee, J.) (Shampa Sarkar, J.)