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Judgment
S. Datta Purkayastha, J
Heard Mr. Sankar Lodh, learned counsel appearing for the applicant and Mr. Raju Datta, learned P.P. appearing for the State- respondent.
Mr. Lodh, learned counsel, submits that as per FIR dated 25.02.2025, the police raided the house of the present accused, Biplab Dey, and allegedly recovered total 7 grams of heroin and 10 bottles of ESkuf (cough syrup), total weight of which has been shown by the police to be 1000 ml. According to learned counsel, so far the seizure of heroin is concerned that comes within the intermediate quantity. However, so far the total weight of cough syrup is concerned, the police authority did not follow the prescribed procedure as laid down under Rule 3 of Narcotic Drugs Psychotropic Substances (Seizure, Storage, Sampling and Disposal) Rules, 2022, by separately taking weight of each substances contained in each bottles. According to Mr. Lodh, the police authority has also failed to comply with the provision of Section 42 of the NDPS Act in the instant case. However, while during detailed hearing of the matter Mr. Lodh, learned counsel, submits that he is not pressing the bail application at this stage before this Court as the next date for hearing on framing of charge is fixed before the learned Special Judge on 27.10.2025 and his client may be given liberty to raise these two points while taking part in the hearing on framing of charge and thereafter, in case of necessity, he may approach this Court.
Considered the submission.
The accused is at liberty to raise these issues before the learned Special Judge at the time of hearing on framing of charge and also file separate bail application before the learned Special Judge on that ground.
The bail application is dismissed being not pressed and disposed of accordingly.