RAJU MANDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner has applied for bail in respect of NDPS Case No. 15 of 2020 arising out of Englishbazar P.S case No. 155 of 2020 dated February 16, 2020 under Ss. 21(c)/29 of the Narcotics Drugs and Psychotropic Substances Act, 1985.

(2.) Learned Advocate appearing for the petitioner has submitted that, the petitioner was arrested on February 16, 2020. The police had filed charge-sheet on August 12, 2020. The charge-sheet had been filed without the Chemical Examination Report. According to him, the petitioner is entitled to default bail under Sec. 167(2) of the Criminal Procedure Code as the police had failed to submit the charge-sheet with the Chemical Examination Report within 180 days from the date of arrest of the petitioner. Moreover, the police has not prayed for or obtained extension of time to file the charge-sheet under Sec. 36A of the Act of 1985.

(3.) Learned Advocate appearing for the petitioner has submitted that, the petitioner had applied for default bail on August 14, 2020. The learned jurisdictional Court had turned down such prayer erroneously. He has submitted that, since the charge-sheet filed on August 14, 2020, was not accompanied with the Chemical Examination Report, the petitioner was entitled to default bail.