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Saddam Hossain vs The State Of West Bengal on 19 October, 2023

Bench: S. Ravindra Bhat, Aravind Kumar

                                                     1

     ITEM NO.8                             COURT NO.8                  SECTION II­B

                                   S U P R E M E C O U R T O F      I N D I A
                                           RECORD OF PROCEEDINGS

                           SPECIAL LEAVE PETITION (CRIMINAL) Diary No.39198/2023

     (Arising out of impugned final judgment and order dated 26­04­2023
     in CRM (NDPS) No. 868/2023 passed by the High Court at Calcutta)

     SADDAM HOSSAIN                                                     Petitioner(s)
                                                   VERSUS
     THE STATE OF WEST BENGAL                                           Respondent(s)

     (IA No.208836/2023­CONDONATION OF DELAY IN FILING SLP, IA
     No.208837/2023­EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT
     and IA No.208838/2023­PERMISSION TO FILE ADDITIONAL DOCUMENTS/
     FACTS/ANNEXURES)

     Date : 19­10­2023 This petition was called on for hearing today.

     CORAM :
                             HON'BLE MR. JUSTICE S. RAVINDRA BHAT
                             HON'BLE MR. JUSTICE ARAVIND KUMAR

     For Petitioner(s)
                                       Mr. Dibyadyuti Banerjee, Adv.
                                       Mr. Abhijit Sengupta, AOR
                                       Ms. Sumedha Halder, Adv.
                                       Mr. S. Rawat, Adv.
                                       Mr. Umang Gupta, Adv.
                                       Mr. Manoj Rajpoot, Adv.
     For Respondent(s)

                              UPON hearing the counsel the Court made the following
                                                 O R D E R

1. Delay condoned.

2. Application seeking exemption from filing certified copy of the impugned order is allowed.

3. The petitioner seeks bail on the ground that he has been incarcerated for nearly 1 year and 5 months. He is accused Signature Not Verified of Digitally signed by being in possession of 625 bottles of phensedyl syrup containing VISHAL ANAND Date: 2023.10.20 15:53:12 IST Reason: codeine phosphate, a banned substance, under the Narcotic Drugs and Psychotropic Substances Act, 1985.

4. Having heard the learned counsel appearing for petitioner at considerable length and after carefully perusing the material placed on record, the Court is of the opinion that all contentions including the failure of the police to comply with terms of Section 50 of the N.D.P.S. Act can be argued before the trial court, during the proceedings, requiring framing of charges.

5. If such submissions are made by petitioner, the trial court would consider the same on merits, along with other circumstances and pass the order on charge, as expeditiously as possible and preferably within four months from the date of receipt of a copy of this order.

6. The Special Leave Petition is disposed of in the above terms.

7. Pending application is also disposed of.

  (VISHAL ANAND)                                       (BEENA JOLLY)
ASTT. REGISTRAR­cum­PS                               COURT MASTER (NSH)