- (1.) The petitioner was charged for committing offence under the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as N.D.P.S. Act) before the Court of learned Special Judge, 6th Court, 24-Parganas (North). The petitioner's prayer for bail was rejected on February 4, 2011. Petitioner filed the instant revisional application as against the order by which his prayer for bail was rejected. According to him, unless and until the Chemical Examination Report was received by the learned Special Judge charge sheet could not be submitted. Hence, prayer for bail should be allowed after expiry of the statutory period. Pertinent to note, that he renewed his prayer on February 7, 2011 when, by a reasoned order, the learned Special Judge rejected his prayer.
(2.) Perusal of the order impugned would show that the learned Judge did not reject the prayer for bail on the said date. He merely postponed the same till the next date of hearing i.e. February 7, 2011.
(3.) The matter was argued at length before the learned Judge on the next day i.e. on February 7, 2011. The learned advocate for the accused contended before the learned Judge that without waiting for the Chemical Examination Report the prosecution could not have submitted charge sheet and such charge sheet was nonest in the eye of law in absence of the Chemical Examination Report. Hence, he was entitled to be released on bail after the statutory period. The learned Judge, upon hearing both sides, came to conclusion that the accused was charged with the offence of having Ganja (Cannabis) in his possession. According to the learned Judge, it was a natural product and not an artificial product which was to be determined by the Chemical Examination.;