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MOUSHUMI BHATTACHARYA, PRASENJIT BISWAS
Rakesh Sha – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
(Moushumi Bhattacharya, J.)
The present application has been filed under section 439 of The Code of Criminal Procedure, 1973 on 02.08.2023 in connection with Bhaktinagar Police Station Case No.12 of 2023 dated 03.01.2023 under sections 21(c)/22(c)/25 of NDPS Act, 1985. The petitioner prays for bail upon being charged under the provisions of The Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The petitioner was arrested on 31.03.2023 and the charge-sheet was filed on 01.07.2023. The petitioner filed several applications for bail before the learned Special Court under the NDPS Act, Jalpaiguri; all of which were rejected. The petitioner is hence before us.
2. The petitioner complains that there is considerable delay in the matter since charges are still to be framed and there are 15 prosecution witnesses who are to be examined. The petitioner does not have any confidence of the trial being concluded in the near future.
3. The primary contention urged on behalf of the petitioner through learned counsel is on section 36A(4) of the NDPS Act read with the proviso. Counsel submits that the I.O submitted the charge-sheet on 30.06.2023 without the CFSL/Chemical Exa
Bail – Rigour of Section 37 of NDPS Act has to be strictly construed since it operates against fundamental rights of personal liberty of a person
Recovery of contraband - Right of the petitioner to be released on bail on account of the default of the prosecution was rightly refused by learned court below, upon extending period of investigation....
The main legal point established in the judgment is the significance of the FSL report in completing the investigation in NDPS Act cases and the accused's right to default bail under Section 167(2) C....
The court established that extensions under Section 36A(4) of the NDPS Act require a Public Prosecutor's report and specific reasons for detention beyond 180 days.
The main legal point established in the judgment is that the provisions of Section 37 of the NDPS act, 1985 are mandatory for considering a bail application in matters involving the act, and the cour....
The importance of the report of the Public Prosecutor in justifying the extension of the investigation period and the refusal of default bail.
The main legal point established in the judgment is the necessity of fulfilling specific conditions, including the report of the Public Prosecutor, progress of the investigation, and issuing a prior ....
Mechanical extensions of time for submission of the final report cannot defeat the accused's right to statutory bail.
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