Jyotish Barman and Anr. v. the State of West Bengal
Case brief
What is this about?
Single judge dismissed a bail application under Section 439 CrPC for NDPS offences involving commercial quantity. The court distinguished a cited Apex Court judgment and held that Section 37 of the NDPS Act precludes automatic bail despite prolonged detention. Trial to be expedited.
What did the court decide?
Application for bail rejected; Court request issued to lower court to expedite trial.
What the court decided
19.08.2021 Item no. 02 (J.C.) Court No.32. S.De. (rejected)
In the High Court at Calcutta Circuit Bench at Jalpaiguri
(Via Video Conference)
CRM 772 of 2021
In Re: An application for Bail under Section 439 of the Code of Criminal Procedure filed on 23.07.2021 in connection with Kotwali Police Station Case No. 752 of 2018 dated 27.10.2018 under Sections 20(b)/25 N.D.P.S. Act.
And
In the matter of : Jyotish Barman & Anr.
……Petitioners.
Mr. Jaydeep Kanta Bhowmik, Advocate,
……for the Petitioners.
Mr. Sourav Ganguly, Advocate, Mr. Aditi Shankar Chakroborty, Advocate,
……for the State.
Issues for consideration
2 issues framed by the court
Whether bail should be granted given a Supreme Court precedent favoring release in long detention for commercial quantity cases?
Whether the restrictions under Section 37 of the N.D.P.S. Act apply to the present facts of commercial quantity recovery?
Parties & counsel
- petitioner
Jyotish Barman & Anr.
- respondent
The State
Coram
Suvra Ghosh
Case details
As recorded by the court registry
- Court
- Calcutta HC
- Decided on
- · August
- Registered
- Case no.
- CRM/772/2021
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