High CourtsDivision Bench(2020) 07 CAL CK 0041

Abdul Rasheed vs Andaman and Nicobar Administration

Calcutta High Court · Decided on 8 July 2020

HON’BLE JUDGES
Biswajit Basu, J · Sahidullah Munshi, J
RESULT
Dismissed
CASE NUMBER
Criminal Misc. Case (Bail Application) (CRM) No. 4906 Of 2020, Criminal Application No. 3116 Of 2020

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Judgment

9 paragraphs · 318 words

This is a case where the petitioner has sought for bail in connection with N.D.P.S. case No. 17 of 2019 arising out of Central Crime Police Station

Case No. 64 of 2019 dated 26.02.2019 under Section 22(b) of the Narcotic Drug and Psychotropic Substances Act, 1985. After hearing the petitioner and Mr. Rao learned advocate we have been able to ascertain that the undisputed case is that a seizure in excess of commercial quantity of

contraband has been seized from the possession directly from this petitioner. The petitioner’s prayer for bail was earlier granted on 18th April,

2019 on certain conditions. Petitioner submits that conditions were relaxed subsequently when the learned Additional Public Prosecutor appearing before the Court did not point out about the present case. However, considering the involvement of the petitioner in a subsequent N.D.P.S. Special

Case, his bail was cancelled by the learned Court below by an order dated 20th February, 2020. The said new N.D.P.S. case is numbered as

Aberdeen P.S. Case No. 352 of 2019.

We are unable to accept the submission of the learned Advocate for the petitioner that only because the learned Additional Public Prosecutor did not mention about the subsequent N.D.P.S. case being P.S. Case No. 352 of 2019 before the learned Court below when the condition for relaxation of bail was modified, he should be released on bail in N.D.P.S. Special Case No. 7 of 2019.

Now, considering the seizure which is in excess of commercial quantity of contraband under the N.D.P.S. Act, we do not deem it appropriate to release the petitioner on bail. The prayer for bail is, thus, refused. CRM 4906 of 2020 stands dismissed. The application being C.R.A.N. 3116 of 2020

stamds disposed of. However, after normal function of the Court is resumed, it is desirable that the learned Trial Court will proceed with the trial as expeditiously as possible without granting any unnecessary adjournments.