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Calcutta High CourtCRM(NDPS)/9/2025disposed

Shri.Sandeep Bera v. The State

2025-07-14Hon'Ble Justice Krishna Rao4 pages

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** CRM (NDPS)/9/2025 In Re: An application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Special NDPS Case No. 53 of 2024 FIR No. 109 of 2024 dated 22.11.2024 Police Station Crime and Economic Offence under Section 22 (c)/29 of Narcotic Drugs and Psychotropic Substances Act, 1985.

And In the matter of : Shri Sandeep Bera Mrs. Dolly Saha ... for the petitioner (on behalf of Mr. Arul Prasanth) Mr. Sumit Karmakar ... for the State July 14, 2025 [AKB] Item No.13 The petitioner has filed the present application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying for bail in connection with FIR No. 109 of 2024 dated 22.11.2024, Police Station Crime and Economic Offence, South Andaman under Section 22 (c)/29 of Narcotic Drugs and Psychotropic Substances Act, 1985 pending before the Special Judge, NDPS Court being Special NDPS Case No. 53 of 2024.

Learned Counsel for the petitioner submits that the petitioner was arrested by the police on 24.11.2024 on the allegation that 515 grams of Mathamphetamine was seized from the possession of the petitioner.

Learned counsel for the petitioner submits since the arrest the petitioner is in custody and till date no charge has been framed and there is no chance that the trial will be started and will be complete within a short span of time.

Learned counsel for the petitioner further submits that the police has not conducted the investigation in accordance with Rules. Though the narcotics alleged to have been seized on 24.11.2024, but prayer for inventory was made by the Investigation Officer before concerned Court only on 05.12.2024 and the inventory was done on 10.12.2024 i.e. about twenty days after alleged seizure. Learned counsel for the petitioner further submits that even after inventory is made by learned Magistrate, the said inventory was not sent to directly to the CFSL, but the police have taken the said Alamats to the police station and keeping in the police station and thereafter sent the same to the CFSL on 19.12.2024.

Learned counsel for the petitioner further submits that as per Rule the CFSL has to submit the report within fifteen days, but the CFSL has submitted the report on 21.02.2025 i.e. more than two months.

Learned counsel submits that the charge sheet is filed on 19.04.2025 and on 15.04.2025 the charge sheet has been supplied but till date prosecution has failed to frame the charge, inspite of having knowledge that the petitioner is in custody since 24.11.2024.

Mr. Sumit Karmakar, learned Public Prosecutor submits that investigation has been completed, charge sheet has been filed, the next date is fixed on 18.07.2025 and on the date charge will be framed and the trail will be started. He further submits that the narcotics seized from the possession of the petitioner is commercial in nature and the petitioner has not made out any case to come out under

Section 37 of the NDPS Act. He further submits that the Rules is directory in nature and not mandatory. The violation of the Rules will not entitle the petitioner to come out from the Section 37 for getting bail.

Heard the learned counsel for the respective parties, perused the materials on record.

This Court finds that the police had initiated a case on 22.11.2024 and but the petitioner was arrested on 24.11.2024. There is a delay for making inventory. The Investigating Officer has also not followed the procedure for sending the materials after the Inventory directly from the Magistrate to the CFSL. The Investigating Officer instead has taken the Alamats to the police station and after keeping the said Alamats in the police station has sent to the CFSL after the period of ten days. The CFSL has forwarded the report to the Investigating officer instead of sending to the Magistrate. The CFSL also not submitted the report within the period of fifteen days. The CFSL has submitted the report after the period of more than two months.

This Court also considers that the petitioner is custody since the date of arrest and till date charge has not been framed. Accordingly, this Court finds that the petitioner has made out a case to come out under Section 37 of the NDPS Act and accordingly this Court inclined to grant bail to the petitioner for furnishing bond of Rs. 20,000/- with two sureties, one must be local with the satisfaction of the learned Chief Judicial Magistrate at Port Blair. If on bail, the petitioner shall attend the concerned PS on every alternative date and shall appear before the learned

Trial Court on each and every date of hearing and shall not leave these Islands without the prior permission of the Trial Court.

The Case Diary is returned.

CRM (NDPS)/9/2025 is disposed of.

( Krishna Rao, J. )