Calcutta High Court (Appellete Side)
Sections 22(C )/29 Of The Ndps Act vs In Re : Narayan Mondal @ Naran & Anr on 2 April, 2019
1 02.04.20192
sdas rejected C.R.M. 2705 of 2019 (assigned) In Re:- An application for bail under Section 439 of the Code of Criminal Procedure filed on 06.03.2019 in connection with Special Task Force Police Station Case No. 15 of 2018 dated 08.09.2018 under Sections 22(C )/29 of the NDPS Act.
And In Re : Narayan Mondal @ Naran & Anr. ..... petitioners Mr. Phiroz Edulji Mr. Arnab Sengupta Mr. Sagar Saha ... for the petitioners Mr. Sanjoy Bardhan Mr. Pratick Bose ... for the State Learned Counsel appearing for the petitioners submits that the petitioners are in custody for over 200 days and it is also submitted that 21 grams amphetamine (commonly known as Yaba) was recovered from possession of the petitioners.
Learned Counsel appearing for the State opposes the prayer for bail and submits that petitioners and co-accused persons were operating jointly and from their joint possession 189 grams of amphetamine (commonly known as Yaba) was recovered. Prayer for bail of Abdul Rashid @ Jony was rejected by this Court.
We have considered the materials on record. We note that the petitioners and co-accused persons were operating conjointly and 189 2 rams of amphetamine (commonly known as Yaba) was recovered from their joint possession.
In view of the aforesaid facts and circumstances of this case and in the light of the statutory restrictions under Section 37 of the N.D.P.S. Act and as prayer for bail of co-accused who is on the same footing with the petitioners had been rejected by this Court, we are not inclined to grant bail to the petitioners.
The application for bail is, thus, rejected. We are informed date for consideration of charge has been fixed on 5th April, 2019. Hence, trial court is directed to take necessary steps to consider the issue of framing of charge on that date and if he is unable to do so due to circumstances beyond control he shall take all endeavour to conclude such exercise within one month from that date without granting unnecessary adjournment and thereafter take the proceeding to its logical conclusion at the earliest. (Manojit Mandal, J.) (Joymalya Bagchi, J.) 3 C.R.M. 192 of 2018 In Re.: An application under Section 439 of the Code of Criminal Procedure filed on 05.01.2018 in connection with Karimpur Police Station Case No. 136 of 2012 dated 03.07.2012 under Sections 420/467/468/471/120B of the Indian Penal Code.
And In Re : Rabish Kumar Upadhyay ..... petitioner Mr. Asraf Ali ... for the petitioner Mr. Debojyoti Deb ... for the State Having considered the materials on record prima facie disclosing involvement of the petitioner in the alleged crime of misappropriation of monies of the innocent depositors and the fact that the petitioner has absconded for a protracted period of time, we are not inclined to grant bail to the petitioner at this stage.
The application for bail is, thus, rejected. (Rajarshi Bharadwaj, J.) (Joymalya Bagchi, J.) 4