Calcutta High Court (Appellete Side)
Bhola Sk @ Ekbal Hossain vs The State Of West Bengal on 13 November, 2013
Author: Jayanta Kumar Biswas
Bench: Jayanta Kumar Biswas
1 In The High Court At Calcutta Criminal Miscellaneous Jurisdiction Appellate Side Present:
The Hon'ble Mr. Justice Jayanta Kumar Biswas and The Hon'ble Mr. Justice Subal Baidya CRM No.14606 of 2013 Bhola Sk @ Ekbal Hossain v.
The State of West Bengal Mr. Nabanil Dey Mr. Ali Ahsan Alamgir ... for the petitioner.
Mr. Santanu Debroy ... for the State. Heard on: November 13, 2013 Order on: November 13, 2013.
Jayanta Kumar Biswas, J:- The petitioner's bail prayer was rejected by this court on June 28, 2013 in CRM No.9199 of 2013.
The order of this court dated June 28, 2013 is quoted below: -
"The petitioner accused of offences under ss.20(b)/29 NDPS Act and in custody from September 18, 2012 is seeking bail under s.439 CrPC.
The prosecution case is that twenty-one kg ganja was recovered from the petitioner's possession, and that the petitioner was possessing the ganja with a view to trafficking in it. Charge-sheet has been submitted against ten. Advocate for the petitioner has submitted that according to his instructions four accused are on bail. Correctness of this submission has been disputed by advocate for the State who has submitted that while five accused are in custody, the remaining five are absconding. In our opinion, this is not a fit case for bail. Bail to the petitioner is likely to affect the general interest of the society.
For these reasons, we dismiss the CRM. Certified xerox."
The court below has refused bail on September 11, 2013 referring to the quantity of seized ganja and the commercial quantity aspect.
Advocate for the petitioner has submitted as follows. Charge-sheet has been submitted saying that from the accused 325 kg ganja was seized. Papers supplied reveal that the seizure was 32 kg from Intaj, 210 kg from Ujai and 83 kg from Ichanavi. Total seizure from these was 325 kg (that tallies with the 2 charge-sheet quantity). Hence it is evident that the seizure list showing seizure of 21 kg ganja from the petitioner's possession was inserted in the case diary for implicating the petitioner in a false case. No step was taken for submitting any supplementary charge-sheet. Hence the petitioner is entitled to bail.
We do not find any reason to accept the contention that the seizure list at p.123 showing seizure of 21 kg ganja from the petitioner's possession was planted in the case diary with a view to implicating the petitioner in a false case. Merely because in the charge-sheet it was mentioned that total 325 kg ganja was seized, it does not lead to the conclusion that the quantity shown in the seizure list at p.123 (also signed by the petitioner) was not seized following leads coming from the petitioner.
In our view, the materials make out a very strong prosecution case against the petitioner; and it is not a case for bail, rather a case for the petitioner's custodial trial; for bail to the petitioner is likely to affect the general interest of the society and trial of the case.
For these reasons, we dismiss the CRM. We, however, order that the court below shall take immediate steps for splitting up of the case, so that its trial may commence and be concluded against the available accused as early as possible. It is also order that the prosecution shall not be granted any adjournment, unless it is essentially required. Certified xerox.
(Jayanta Kumar Biswas, J.)
S.R. (Subal Baidya, J.)