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Forensic Report: Right or Wrong, Decision of Third Judge.

Bail in NDPS Act, two judges don’t agree
NewsDesk Correspondent
Kolkata : Throughout the listening to of the bail plea of ​​an accused arrested underneath the NDPS Act, it’s uncommon when two judges of the Division Bench are unable to agree. However this time the identical factor occurred. When this occurs, the case is referred to the third choose, that’s, the third choose. Justice Jayamalya Bagchi because the third choose rejected the bail utility of the accused.
Advocate Sanjay Vardhan, showing for the federal government on this matter, gave this info. The Narcotic Cell of Kolkata Police arrested 4 folks, together with Asfaq Ahmed, from Anandpur police station space with heroin. 256 grams of heroin was recovered from Asfaq and 60 grams i.e. 316 grams of heroin from the remainder of the three. After the bail plea was rejected within the single bench, Asfaq filed an enchantment within the Division Bench of Justice Harish Tandon and Justice Tirthankar Ghosh. The state authorities’s forensic lab report stated it was not heroin however didn’t specify what it was. When it was despatched to CFSL for re-examination, it was termed as heroin within the report there. There isn’t a provision within the NDPS Act to ship the pattern for re-examination. On this foundation, Justice Tandon allowed the bail utility, however Justice Ghosh rejected it. Now as per the customized, it was despatched to Justice Jayamalya Bagchi because the third choose for the choice. Justice Bagchi dismissed the bail utility citing the Supreme Courtroom’s choice in Thane Singh’s case. The Supreme Courtroom has acknowledged that there isn’t a such provision however it may be finished in particular circumstances and the Supreme Courtroom has additionally made a information line on this regard.

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