AKHTARUL GAZI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Petitioner renews the prayer for bail.

(2.) Learned advocate appearing for the petitioner submits that although the police filed charge-sheet within the statutory period, the same was not accompanied by the Chemical Analysis Report. Consequently, the petitioner is entitled to bail. In support of such contention, he relies upon an order of the Hon'ble Supreme Court passed in Special Leave to Appeal (Criminal) Nos. 8164-8166/2021 (Md. Arbaz and Ors Vs. State of NCT of Delhi) dated December 13, 2021. He submits that the petitioner is similarly situated as the person granted interim bail by the Hon'ble Supreme Court.

(3.) Learned advocate appearing for the State submits that this is the third application for bail. Narcotic of commercial quantity was seized from the exclusive possession of the petitioner. Charge-sheet was filed within 180 days of the date of arrest of the petitioner. He submits that a court while considering a prayer for grant of bail in a matter involving the provisions of the NDPS Act, 1985 is mandatorily required to consider the provisions of Sec. 37 of the Act of 1985. In support of such contention, he relies upon (2018) 13 Supreme Court Cases 813 (Satpal Singh Vs. State of Punjab) and (2020) 12 Supreme Court Cases 122 (State of Kerela and Ors. Vs. Rajesh and Ors.)