MONOTOSH GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Short question involved herein, is as to whether the learned Magistrate could withhold release of the accused even after granting of bail.

(2.) The facts reveal, petitioner/accused was charged with an offence of Section 20(b)(1) of Narcotic Drugs and Psychotropic Substances Act (NDPS Act). He was in custody for about sixty days. Neither the prosecution submitted charge sheet nor he was released on bail. After the statutory period was over petitioner applied for bail on February 25, 2011. The learned Additional Sessions Judge, 6th Court Barasat acting as Special Judge under NDPS Act passed an order observing that the accused was in custody for more than sixty days. Since no charge sheet was filed by the prosecution the petitioner should be released on bail bond furnishing P.R bond of rupees thirty thousand with one local surety with like amount on condition that he would not commit any offence while on bail or tamper with the prosecution case. February 26 and February 27 were holidays. On February 28, 2011 the prosecution submitted charge sheet without any Chemical Examination Report. Accused was produced from custody when the learned Judge directed his production on April 21, 2011. On the same day at 3.15 p.m. the accused submitted P.R bond of rupees thirty thousand in terms of the earlier order dated February 25, 2011. The learned Judge refused to release him on bail by recording that since charge sheet had been filed the matter would be heard as to whether the bail bond would be accepted or not.

(3.) On March 1, 2011 the matter was heard at length on the issue of release. The petitioner contended before the learned Judge that once he was enlarged on bail the Court could not withhold his release particularly when he complied with the formalities by furnishing of P.R bond as directed by the learned Judge. The learned Judge however recorded that before the P.R bond was submitted the charge sheet had been filed without Chemical Examinations Report. The learned Judge considered the Apex Court decision in the case of (Uday Mohanlal Acharya Vs- State of Maharashtra, 2001 CrLJ 1832) .