Rajender Singh v. The State

IN THE HIGH COURT AT CALCUTTA

[CIRCUIT BENCH AT PORT BLAIR] ...

CRM(NDPS)/1/2024 Rajender Singh Vs.

The State Mr. Ananda Halder ... for the petitioner Ms. A.S.Zinu ... for the State January 30, 2024 [SR] Item No.3 This is an application for relaxation of bail. The relevant order is of 22nd November, 2023 whereby a coordinate bench was pleased to allow the application for bail but on conditions that the petitioner shall meet the Investigating Officer once a week.

Learned counsel appearing for the petitioner seeks relaxation of the condition on the ground that the charge sheet has already been submitted and charges have been framed since the passing of the order. It is also submitted that the petitioner resides outside the jurisdiction of Port Blair and it is hence difficult for the petitioner to meet the Investigating Officer as per the condition attached to the order. The petitioner also seeks relaxation of the other conditions that the petitioner shall not leave the jurisdiction of the Special Judge, NDPS, Port Blair without permission of the Special Court.

We have considered the submissions also made on behalf of the prosecution.

We are of the view that the submission of the charge sheet and the framing of charges are significant subsequent event which amount to change in circumstances. The CRM(NDPS)/1/2024 is accordingly allowed and disposed of by relaxation of the conditions whereby the petitioner was to meet the Investigating Officer once a week. With regard to other condition, the petitioner not leaving the jurisdiction of the Special Court is also relaxed subject to the petitioner not leaving the Andaman and Nicobar Islands during the course of trial.

( Moushumi Bhattacharya, J. ) ( Hiranmay Bhattacharyya, J. )