58. 18.02.2025 Court No.29 (Tanmoy) Allowed IN THE HIGH COURT AT CALCUTTA CRIMINAL MISCELLANEOUS JURISDICTION CRM (NDPS) 103 of 2025 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, arising out of Domkal Police Station Case No. 420/2024 dated 02.7.2024 under Sections 21(c)/29 of the NDPS Act, 1985. And In the matter of: - CHAPLU SK …petitioner. Ms. Shabana Hasin Ms. Samima Akter Ms. Neha Roy …for the petitioner. Mr. Bibaswan Bhattacharya Ms. Eshita Dutta …for the State. Dictated by Arijit Banerjee, J. 1. The petitioner was arrested on July 2, 2024, for alleged offences under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. Charge-sheet was filed on December 26, 2024, without the chemical report. 180 days from the date of the petitioner’s arrest expired on December 29, 2024. On January 4, 2025, the petitioner applied for default bail before the learned Trial Court on the ground of non-availability of the chemical report. His prayer having been rejected by the learned Trial Court, he is before us by way of this application. Signed By : TANMOY GHOSH High Court of Calcutta 19 th of February 2025 11:22:00 AM 2 2. Learned State Advocate, while opposing the prayer for bail, fairly submits that the chemical report is still not available. 3. We, therefore, see that the charge-sheet in this case was filed without the FSL report. Going by the ratio of the decision in the case of Idul Mia v. State of West Bengal, rendered on October 8, 2024, in CRM (NDPS) 1359 of 2024, reported at 2024 SCC OnLine Cal 9109, which was rendered relying on a previous Division Bench decision in the case of Rakesh Sha v. The State of West Bengal, reported at 2023 SCC OnLine Cal 2463, the charge-sheet was an incomplete charge-sheet and not a charge-sheet within the meaning of Bharatiya Nagarik Suraksha Sanhita, 2023 / Criminal Procedure, Code, 1973. Upon expiry of 180 days from the date of his arrest, the petitioner became entitled to statutory bail. He exercised such right by approaching the learned Trial Court. 4. Once an accused exercises his right to obtain statutory bail, subsequent filing of complete charge-sheet along with the FSL report would not affect such right. 5. Hence we are of the view that the petitioner is entitled to statutory bail. 6. Accordingly, we direct that the petitioner, namely, CHAPLU SK shall be released on bail upon furnishing a bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Judge, Special Court under Signed By : TANMOY GHOSH High Court of Calcutta 19 th of February 2025 11:22:00 AM 3 NDPS Act, Berhampore, Murshidabad, subject to condition that the petitioner shall appear before the Trial Court on each and every date of substantive hearing subject to the provisions of Section 317 of the Code of Criminal Procedure, 1973 / Section 355 of Bharatiya Nagarik Suraksha Sanhita, 2023, and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever and on further condition that the petitioner, while on bail, shall remain within the territorial jurisdiction of Berhampore Police Station and shall meet the Inspector-in-Charge/Officer-in- Charge of the said Police Station once in a week, until further orders. 7. In the event the petitioner fails to adhere to any of the conditions stipulated above without any justifiable cause, the Trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court. 8. The application for bail being CRM (NDPS) 103 of 2025 is accordingly disposed of. 9. Criminal Section is directed to make available urgent photostat certified copies of this order to the parties, if applied for, upon compliance with all requisite formalities. (Arijit Banerjee, J.) (Apurba Sinha Ray, J.) Signed By : TANMOY GHOSH High Court of Calcutta 19 th of February 2025 11:22:00 AM