The Calcutta High Court (Jalpaiguri Bench) considered a bail application in an NDPS case. The court rejected bail, noting no change in circumstances since July 2022, and directed the filing section to explain a procedural lapse regarding a prior order.
Prayer for bail of the petitioners was rejected.
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.
24.08.2022
Sl. No.1 akd [Rejected]
IN THE HIGH COURT AT CALCUTTA Circuit Bench at Jalpaiguri
C. R. M. (NDPS) 251 of 2022
In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 17.08.2022 in connection with Cooch Behar Kotwali Police Station Case No. 572 of 2019 dated 21.08.2019 under Sections 20(b)(ii)(c)/29 of the NDPS Act. (NDPS Case No.65 of 2019)
And
In Re: Angat Kumar & Anr.
… … Petitioners
Mr. Moyukh Mukherjee Mr. Abhijit Singh Mr. Sabir Ali
… … for the petitioners
Mr. Aditi Sankar Chakraborty .. ld. Addl. Public Prosecutor Mr. Nilay Chakraborty Mr. Aniruddha Biswas
… … for the State
Heard the learned advocate appearing for both the parties.
We have considered the materials on record. Prayer for bail of
the petitioners was rejected in July, 2022. There is no change in circumstance since then. Hence, we are not inclined in granting bail to the petitioners.
The application for bail is thus rejected .
Computer Filing Section shall submit explanation why order rejecting prayer for bail of the petitioners in CRM (NDPS) 35 of 2022 has not been placed before this court. Such explanation shall be filed on the adjourned day.
Let the matter appear under the same heading on 29.08.2022 .
(Ananya Bandyopadhyay, J.)
(Joymalya Bagchi, J.)
2
2 issues framed by the court
Whether bail should be granted to the petitioners charged under the NDPS Act given no change in circumstances since the last rejection.
Why the order rejecting bail in CRM (NDPS) 35 of 2022 was not placed before this court.
2 provisions across 2 enactments
Angat Kumar & Anr.
State
Ananya Bandyopadhyay
Joymalya Bagchi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
