Calcutta High Court (Appellete Side)
Drugs And Psychotropic ... vs In Re: Suraj Dewan @ Rintu on 26 July, 2021
CRM No.3344 of 2020
Via video conference
26.07.21
(S.R.) In Re: An application for bail under Section 439 of the Code of
Sl.12 Criminal Procedure filed on April 23, 2020 in connection with NDPS
Ct.30 Case No.78 of 2019 arising out of Chakdah Police Station Case No.363
of 2019 dated 04.08.2019 under Sections 21(C)/22(C) of the Narcotic
Drugs and Psychotropic Substances Act;
And
In re: Suraj Dewan @ Rintu ... petitioner.
Md. Sabir Ahmed ... for the petitioner.
Mr. Saswata Gopal Mukherjee, PP
Mr. Ranabir Ray Chowdhury
Ms. Faira Hossain ... for the State.
Mr. Ahmed, learned advocate appearing for the petitioner
submits that upon hearing the learned public prosecutor and upon
considering the documents placed, a coordinate bench of this Court
by an order dated 28th April, 2020 was pleased to grant interim bail to
the petitioner and he has complied with the conditions, as
incorporated in the said order. The said interim order stands extended
in view of the judgment delivered by the Special Bench of this Court in
respect of cases pending during the pandemic period. Upon
completion of investigation, charge sheet has also been submitted and
in the said conspectus, the petitioner's interim bail may be confirmed.
He submits that the petitioner has been falsely implicated and
he is a driver by profession and is not in any way connected with the
consignment of psychotropic substances.
Mr. Mukherjee, learned public prosecutor appearing for the
State opposes the petitioner's prayer and draws our attention to
several documents in the case diary including the seizure list and
submits that it would be explicit from the records that contraband
substance above commercial quantity was recovered from the
possession of the petitioner and that as such, the provisions of Section
37 of the NDPS Act are clearly attracted. The order dated 28th April,
2020 was passed during the pandemic period when it was not possible
for the State authorities to produce all the relevant documents before
the Court.
We have heard the learned advocates appearing for the
respective parties and considered the materials on record. The seizure
list reveals that contraband substance above commercial quantity was
recovered from the petitioner and another. It further appears from the
records that the driver was initially asked to stop the vehicle but he
did not comply with such direction and upon chasing the vehicle the
same was intercepted and contraband substance above commercial
quantity was recovered. Prima facie the provisions of Section 37 of the
NDPS Act are attracted and we do not find any reasonable ground for
believing that the accused is not guilty and that he is not likely to
commit any offence while on bail.
Accordingly, we are is not inclined to confirm the interim bail, as
granted earlier on 28th April, 2020 and the application, being CRM
No.3344 of 2020 is dismissed.
All parties shall act on the server copies of this order duly
downloaded from the official website of this Court.
(Subhasis Dasgupta, J.) (Tapabrata Chakraborty, J.)
