Calcutta High CourtCRM(NDPS)/837/2023rejected

Md. Yusuf Ali Khan v. State Of West Bengal

2023-11-28Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

28.11.2023 Serial no.7 Court No.1 (CHC) (Rejected) Calcutta High Court In The Circuit Bench at Jalpaiguri Appellate Side CRM (NDPS) 837 of 2023 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with NDPS Case No.122/21 arising out of Bhaktinagar Police Station Case No. 1572/21 dated 14.12.2021 under Sections 21(C)/ 22(C)/23(C)/29 of the Narcotic Drugs and Psychotropic Substances Act. -AndIn the matter of : Md. Yusuf Ali Khan ... ... Petitioner Ms. Sohini Kundu, Advocate ( in virtual mode) ... ... For the Petitioner Mr. Nilay Chakraborty, Advocate Mr. Tapan Bhattacjarjee, Advocate ... ...For the State Petitioner renews the prayer for bail.

Learned advocate appearing for the petitioner submits that, the petitioner is in custody in excess of two years. She refers to the seizure made and the date of which, the seized narcotics were sent for forensic test. She refers to the chargesheet and submits that, sample was sent for testing after 30 days from the date of seizure on December 14, 2021. She

refers to the standing order governing the seizure and the testing of the narcotics.

Learned advocate appearing for the State submits that, commercial quantity of narcotics were seized from the possession of the petitioner. He contends that, the seizure was made on December 14, 2021 and after due certification the sample was sent for testing on January 3, 2022. According to him, there was no delay in sending the sample for testing. The contention that, there was violation of any standing order, is an issue which ought to be decided at the trial, if so raised.

Commercial quantity of narcotics were seized from the possession of the petitioner. In such circumstances, the petitioner is unable to over the restrictions under Section 37 of the N.D.P.S. Act, 1985.

We find from the records that, charges are yet to be framed. We, therefore, direct the Court in seisin of the proceeding to frame charges as expeditiously as possible and preferably within four week from the date of communication of this order.

CRM (NDPS) 837 of 2023 is rejected.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)