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2025 Supreme(Online)(Cal) 5038

CALCUTTA HIGH COURT
RUBEN RAI – Appellant
Versus
THE STATEOF WEST BENGAL – Respondent
CRR 377 / 2025



18.12.2025 IN THE HIGH COURT AT CALCUTTA Ct. No.03 IN THE CIRCUIT BENCH AT JALPAIGURI Sl.No.7 APPELLATE SIDE Sk/Agm C.R.R. 377 of 2025 In Re: - An application for bail under Section 438 and 442 read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

And In the matter of: Ruben Rai.…. …petitioner Mr. Rajesh Kumar Sharma Mr. Janardhan Periwal Mr. Mithun Prasad Mr. Bicky Sharma … for t he petitioner.

Mr. Niloy Chakraborty, Ld. APP Mr. Kallol Acharjee …for the State The instant criminal revision case is filed by the petitioner challenging the order of the Special Judge under NDPS Act, Jalpaiguri dated 8.7.2025 in Special Case No. 18 of 2020.

By dint of the said order, the Court has not accepted the prayer of the petitioner for being absent in Court and ultimately issued the warrant of arrest against the petitioner/accused person.

Learned advocate for the petitioner has submitted on the basis of the documents annexed in the revision application that due to unavoidable and compelling circumstances, the petitioner could not be present in Court on the said date which he informed to his learned advocate priorly. He has further submitted that the petitioner has no mala fide intention to avoid attending the Court or the process of trial.

Mr. Acharjee, learned advocate for the State appears in this case who represent the state/opposite party.

Having heard both the learned advocates and perusing the materials available on record, it is found proper to dispose of the instant criminal revision case with the directions as follows:

Let this matter be remanded back to the learned Sessions Judge-

cum- Judge, Special Court under NDPS Act, Darjeeling. The Court shall recall its order dated 8.7.2025 as and when the accused person appears and surrenders before it.

Bail prayer of the accused person in that case if there is any, shall be dealt with by the Court in accordance with law.

With the directions as above, the instant revision application being CRR 377 of 2025 stands disposed of.

(Rai Chattopadhyay, J.)

A

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