Hayder Miah & Anr vs Unknown on 2 January, 2025

Calcutta High Court (Appellete Side)

Hayder Miah & Anr vs Unknown on 2 January, 2025

Author: Arijit Banerjee

Bench: Arijit Banerjee

     69.           02.01.2025
     Court
     No.29          (Tanmoy)

     Interim
      Bail
                                            IN THE HIGH COURT AT CALCUTTA
                                         CRIMINAL MISCELLANEOUS JURISDICTION

                                                    CRM (NDPS) 1863 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 Sagardighi Police
                                Station Case No.174/2024 dated 30.04.2024 under Section
                                20(b)(ii)(c)/ of the NDPS Act, 1985.

                                                                And

                                In the matter of: - Hayder Miah & Anr.
                                                                                    ...petitioners.
                                Mr. Tapodip Gupta
                                Mr. Suman Bhanja
                                                                             ...for the petitioners.
                                Mr. Avishek Sinha
                                Ms. Manasi Roy
                                                                                  ...for the State.


                                                     Dictated by Arijit Banerjee, J.

1. The petitioners were arrested on April 30, 2024. Charge-sheet

was filed on October 19, 2024, well within the statutory

period of 180 days, but without the FSL report. The period of

180 days from the date of the petitioners’ arrest expired on

October 29, 2024. On November 16, 2024, the petitioners

applied for statutory bail before the learned Trial Court. Such

application having been rejected, the petitioners are before

us.

2. Learned State Advocate, in his usual fairness, tells us that

the FSL report is still not available.

Signed By :

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

3. This Bench has held in the case of Idul Mia v. State of West

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

of 2024, that a charge-sheet filed without the chemical

report is not a charge-sheet in the eye of law. Hence, if

charge-sheet along with the chemical report is not filed within

180 days, upon expiry of the said period, a right of statutory

bail accrues in favour of the accused person. That is clearly

the case here. The chemical report is still not available. The

petitioners have exercised their rights to obtain statutory bail.

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

petitioners 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 petitioners, namely, 1.

Hayder Miah 2. Rajib Alam shall be released on interim bail,

upon furnishing a bond of Rs.10,000/- (Rupees Ten

Thousand) each, 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 petitioners shall

Signed By :

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

appear before the Trial Court on each and 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

petitioners, while on interim bail, shall not leave the territorial

jurisdiction of Berhampore Police Station, except for the

purpose of attending Court proceedings and shall also report

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

Police Station, once in a week, until further orders.

6. In the event the petitioners fail to adhere to any of the

conditions stipulated above without any justifiable cause,

their 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