In the matter of: Sanjay Kashyap VS .

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

SABYASACHI BHATTACHARYYA, PARTHA SARATHI CHATTERJEE
In the matter of: Sanjay Kashyap – Appellant
Versus
. – Respondent

Counsel for the Parties:
For the Petitioners:Mr. Purbayan Chakraborty and Mr. Swastika Chowdhury, Advocates
For the State:Mr. Swapan Banerjee and Mr. Suman De, Advocates

JUDGMENT :

1. Learned counsel for the petitioners argues that there are several contraventions of the NDPS Act and as such, the rigour of Section 37 of the NDPS Act is not applicable to the present case. It is contended that in the present case, the charge-sheet has been filed within the statutory period of 180 days, but without the CFSL report.

2. By placing reliance on a coordinate Bench judgment in the case of Rakesh Sha vs. State of West Bengal in CRM (NDPS) No. 552 of 2023, it is argued that where the material placed before the Court falls significantly short of the statutory mandate of the proviso to Section 36A(4) of the said Act, bail ought to be granted to the petitioner.

3. Learned counsel for the State vehemently opposes such submission and submits that the provisions of Section 36A of the NDPS Act have been duly complied with. By placing reliance on Section 36A(4), it is pointed out that CFSL report is not a mandatory constituent of the charge-sheet. For this purpose, learned counsel also places reliance on Section 173 of the Criminal Procedure Code, which specifically contemplates that Medical Examination Report only has to be filed in certain offences, which do not come

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