Single appellants seeking bail in an NDPS case where commercial quantity of contraband was recovered. Applicant of barred trial under Section 37 of NDPS Act despite investigation delay, though chargesheet not filed and time extended by court on prosecution's prayer.
Baain application dismissed; prayers for bail rejected.
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01.03.2022
COURT : 01 ITEM : 14 MATTER : 439 STATUS : REJECTED TRANSCRIBER : nandy
CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI
CRM (NDPS) 31 of 2022
In Re:- An application for bail under section 439 of the Code of Criminal Procedure filed on February 1, 2022 in connection with Matigara Police Station Case No. 597 of 2021 dated 01.07.2021 under Sections 20(C) of the Narcotic Drugs and Psychotropic Substances Act. (NDPS Case No. 73 of 2021)
And
In the matter of: Pankaj Barman & Anr.
...Petitioners
Mr. Hillol Saha Poddar, Advoacate Mr. Sayantan Bhowmik, Advocate Ms. Mousumi Das, Advocate
...for the Petitioners
Mr. Nilay Chakraborty, Advocate Mr. Tapan Bhattacharjee, Advocate
...for the State
The petitioners are seeking bail in connection with Matigara Police Station Case No. 597 of 2021 dated 01.07.2021 under Sections 20(C) of the Narcotic Drugs and Psychotropic Substances Act.
Contraband above the commercial quantity has been allegedly recovered from the exclusive possession of the petitioners. Although more than 180 days has expired from the date of arrest yet chargesheet has not been submitted.
We are given to understand that on the prayer of the prosecution the time for completion of the investigation has been extended by the Special Court. Though the learned Advocate of the petitioner submits that no copy of an application for extension was served upon him but the order regarding the extension does not reveal such fact.
Be that as it may, the investigation cannot continue eternally. It is expected that the Investigating Officer shall complete the investigation and file the chargesheet in near future.
Since commercial quantity of contraband was allegedly recovered from the exclusive possession of the petitioners, the bar created under Section 37 of the NDPS Act is attracted. We do not find any ground justifying for taking exception to the same.
Accordingly, the prayer for bail is rejected .
The application being CRM (NDPS) 31 of 2022 is dismissed at this stage.
(Harish Tandon, J)
(Rabindranath Samanta, J)
2 issues framed by the court
Whether bail should be granted where commercial quantity of contraband is recovered under NDPS Act and Section 37 applies despite delay in filing chargesheet.
Whether extension of investigation time granted on prayer of prosecution exempts the trial court from applying the statutory bar against bail under Section 37 of NDPS Act.
3 provisions across 2 enactments
Pankaj Barman & Anr.
Harish Tandon
Rabindranath Samanta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
