Odud Ali @ Sabu vs Unknown on 2 January, 2025

Calcutta High Court (Appellete Side)

Odud Ali @ Sabu vs Unknown on 2 January, 2025

Author: Arijit Banerjee

Bench: Arijit Banerjee

     72.           02.01.2025
     Court
     No.29          (Tanmoy)

     Interim
      Bail
                                            IN THE HIGH COURT AT CALCUTTA
                                         CRIMINAL MISCELLANEOUS JURISDICTION

                                                   CRM (NDPS) 1866 of 2024

                                In Re: - An application for bail under Section 439 of the Code of
                                Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik
                                Suraksha Sanhita, 2023, in connection with Raghunathganj
                                Police Station Case No.299/2024 dated 26.03.2024 under
                                Section 21(C)/ of the NDPS Act, 1985.

                                                                And

                                In the matter of: - Odud Ali @ Sabu
                                                                                       ...petitioner.
                                Mr. Arnab Chatterjee
                                Ms. Dhanasree Biswas
                                Ms. Poulami Bose
                                                                             ...for the petitioner.
                                Mr. Saryati Datta
                                Ms. Madhumita Basak
                                                                                  ...for the State.



                                                     Dictated by Arijit Banerjee, J.

1. The petitioner says that he was arrested on March 26, 2024.

Charge-sheet was submitted on August 31, 2024, i.e., within

the statutory period of 180 days, but without the chemical

report. The period of 180 days from the date of the

petitioner’s arrest expired on September 26, 2024. On

November 11, 2024, the petitioner applied for statutory bail

before the learned Trial Court. Such application having been

rejected, the petitioner is before us.

2. Learned State Advocate, while opposing the prayer for bail,

says that the chemical report is dated October 25, 2024.

Signed By :

TANMOY
GHOSH
High Court of
Calcutta
2 nd of January
2025 05:19:36 PM
2

However, it was made a part of the supplementary charge-

sheet which was prepared on December 7, 2024.

3. Therefore, we see that upon expiry of 180 days from the date

of the petitioner’s arrest and before filing of the chemical

report, the petitioner had exercised his right to statutory bail

by filing application before the learned Trial Court. In view of

the decision in the case of Idul Mia v. State of West Bengal,

rendered on October 8, 2024, in CRM (NDPS) 1359 of 2024,

the prayer for bail ought to have been allowed.

4. In view of the decision in Idul Mia (supra) which was

rendered relying on a previous Division Bench decision in the

case of Rakesh Sha v. The State of West Bengal, reported

at 2023 SCC OnLine Cal 2463, we grant interim bail to the

petitioner keeping in mind that in all such cases the Hon’ble

Apex Court has granted interim bail to all the concerned

accused persons pending decision on the issue as to whether

or not a charge-sheet filed in an NDPS case without the

chemical report is an incomplete charge-sheet.

5. Accordingly, we direct that the petitioner, namely, Odud Ali

@ Sabu, shall be released on interim bail, upon furnishing a

bond of Rs.10,000/- (Rupees Ten Thousand), with two

sureties of like amount each, one of whom must be local, to

the satisfaction of the learned Judge, Special Court (under

NDPS Act)-cum-learned Additional District Judge, 5th Court

at Berhampore, Murshidabad, subject to condition that the

petitioner shall appear before the Trial Court on each and

Signed By :

TANMOY
GHOSH
High Court of
Calcutta
2 nd of January
2025 05:19:36 PM
3

every date of substantive hearing subject to the provisions of

Section 317 of the Code of Criminal Procedure, 1973 /

Section 355 of Bharatiya Nagarik Suraksha Sanhita, 2023

and shall not intimidate the witnesses and/or tamper with

evidence in any manner whatsoever and on further condition

that the petitioner, while on interim bail, shall not leave the

territorial jurisdiction of Raghunathganj Police Station, except

for the purpose of attending Court proceedings and shall also

report to the Inspector-in-Charge/Officer-in-Charge of

Raghunathganj Police Station, once in a week, until further

orders.

6. In the event the petitioner fails to adhere to any of the

conditions stipulated above without any justifiable cause, his

interim bail shall stand automatically cancelled without

further reference to this Court.

7. This order of interim bail shall continue till the end of

January, 2025, or until further order, whichever is earlier.

8. List this matter once again on January 27, 2025.

9. Criminal Section is directed to make available urgent

photostat certified copies of this order to the parties, if

applied for, upon compliance with all requisite formalities.

(Arijit Banerjee, J.)

(Apurba Sinha Ray, J.)

Signed By :

TANMOY
GHOSH
High Court of
Calcutta
2 nd of January
2025 05:19:36 PM