40 16-01-2025 (ct. no. 29) KOLE Allowed CRM (NDPS) 1926 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure/Section 483 of the BNSS in connection with Raninagaar Police Station Case No. 23 of 2024 dated 06.03.2024 under Sections 21(c) of the NDPS Act. - A n d - In the matter of : Ripan Sk @ Bappa Sk @ Ripan Sekh @ Ripon Sk .... Petitioner. Mr. Arnab Chatterjee, Mr. Anisur Rahaman, … For the Petitioner. Mr. Avishek Sinha, Mr. Ratul Ghosh, … For the State. Order dictated by Arijit Banerjee, J.: 1. The petitioner was arrested on March 6, 2024. Charge sheet without the chemical report was filed on August 31, 2024. 180 days from the date of the petitioner’s arrest expired on September 6, 2024. The petitioner applied for statutory bail before the Learned Trial Court on November 7, 2024. His prayer for bail having been rejected, he is before us by way of this application. 2. Learned State Advocate says that the FSL report was received by the learned Trial Court on January 3, 2025. Supplementary charge sheet was filed on January 11, 2025. 3. We, therefore, see that initially the charge sheet was filed without the chemical report. As per the decision in the case of Idul Mia in CRM (NDPS) 1359 of 2024, reported in 2024 SCC Online Cal 9109, wherein reference was made to the case of Rakesh Sha- vs.-State of West Bengal, reported at 2023 SCC Online Cal 2463, the same was an invalid charge sheet. 2 4. Therefore, the petitioner was entitled to statutory bail upon expiry of 180 days from the date of his arrest. He exercised such right by filing an application before the learned Trial Court. Subsequent filing of chemical report cannot negate such right. Hence, we are constrained to enlarge the petitioner on bail following the decision in the case of Idul Mia (supra). 5. Accordingly, we direct that the petitioner, namely, Ripan Sk @ Bappa Sk @ Ripan Sekh @ Ripon Sk, shall be released on bail upon furnishing a bond of Rs. 25,000/-, with two sureties of like amount each, one of whom must be local, to the satisfaction of the Learned Special Judge under the NDPS Act, Berhampore, Murshidabad subject to condition that he shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever and on further condition that the petitioner while on bail shall not leave the jurisdiction of the concerned Police Station and shall meet the officer-in-charge of the concerned police station once every fortnight until further orders. 6. In the event the petitioner fails to adhere to any of the conditions stipulated above without justifiable cause, the trial court shall be at liberty to cancel the petitioner’s bail in accordance with law without further reference to this court. 7. The application for bail is, accordingly, allowed. 8. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. ( Apurba Sinha Ray, J. ) ( Arijit Banerjee, J. )