Hariarjun Bidika v. State Of West Bengal

06.01.2023 sdas rejected C.R.M.(NDPS) No. 8 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Belgharia Police Station Case No. 497 of 2021 dated 25.07.2021 under Sections 20(b)(ii)(c )/29 of the NDPS Act.

And In Re : Hariarjun Bidika ..... petitioner Mr. Debasis Kar ....for the petitioner Mr. Swapan Banerjee Mr. Suman De ...... for the State Learned Counsel appearing for the petitioner submits he is in custody for 190 days. It is also submitted recovery of narcotics was made from co-accuseds. He prays for bail. Learned Counsel appearing for the State opposes the prayer for bail.

We have considered the materials on record. 315 kgs. of Ganja was recovered from three vehicles. Petitioner is the owner of one of the vehicles. In view of the aforesaid fact and statutory presumption regarding requisite knowledge regarding transportation of narcotic substance in a vehicle owned by the petitioner, we are not inclined to grant bail to him. The application for bail is, thus, rejected.

(Bivas Pattanayak, J.) (Joymalya Bagchi, J.)