The High Court confirmed the interim bail granted earlier to the petitioner in an NDPS case. The prosecution report submitted did not contain any adverse remarks regarding the limited liberty granted, satisfying the court to uphold the interim order.
Confirmation of interim bail granted on 10.02.2021 subject to existing conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
08.04.2021 Item No.13 Ct.No.28 Subha Allowed
C.R.M. 9302 of 2020
(Via Video Conference)
In Re : An application for bail under Section 439 Cr.P.C in connection with Kumarganj P. S. Case No. 107 of 2020 dated 20-07-2020 under Sections 21(C)/22(C)/23(C)/27A of the Narcotic Drugs and Psychotropic Substances Act.
In the matter of : Asraful Sarkar ... Petitioner.
Mr. Sayan De Mr. Sayan Kanjilal Ms. Esha Acharya ... For the Petitioner.
Mr. Sanjoy Bardhan Mr. Palash Chandra Majhi
... For the State.
The present application under Section 439 of the code of Criminal Procedure has been preferred by the petitioner in connection with Kumarganj P. S. Case No. 107 of 2020 dated 20-07-2020 under Sections 21(C)/22(C)/23(C)/27A of the Narcotic Drugs and Psychotropic Substances Act.
Mr. Bardhan, learned advocate appearing for the State produces a report before this court which reflects that the Investigating Agency has collected the Chemical
2
Examiner’s Report which has been placed by way of supplementary charge-sheet before the learned special court.
It is also reflected from the said report that the next date has been fixed on 19. 06.2021 for further evidence by the prosecution on the point of supplementary charge-sheet.
Let the report submitted by the S. I of Police, Malda District dated 06-04-2021 through the learned advocate appearing for the State be kept with the record.
Having regard to the fact that the report so submitted does not contain any adverse remark so far as the limited liberty granted to the petitioner is concerned, we are of the opinion that the interim bail so granted by a Coordinate Bench of this Court on 10th February, 2021 is, hereby, confirmed.
The petitioner shall comply with the conditions so imposed in the Order dated 10th February, 2021.
With the aforesaid observations, the application for bail being CRM 9302 of 2020 is, accordingly, disposed of.
( Tirthankar Ghosh, J.) (Soumen Sen, J. )
1 issue framed by the court
Whether the interim bail granted by a Coordinate Bench should be confirmed in view of the prosecution report not containing any adverse remark.
2 provisions across 2 enactments
Asraful Sarkar
State
Tirthankar Ghosh
Soumen Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
