Hasan Mahaldar @ Habil Sk. @ Habil Mahaldar v. The State Of West Bengal

28.01.2022 Serial no. 62 an (Through Video Conference) CRM (NDPS) 48 of 2022 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with NDPS case no. 93 of 2020 arising out of Suti Police Station Case No. 199 of 2020 dated 24.05.2020 under Sections 21(c)/29 of the Narcotics Drugs & Psychotropic Substances Act, 1985.

-AndIn the matter of : Hasan Mahaldar @ Habil Sk. @ Habil Mahaldar ... ...Petitioner Mr. Maidul Islam Koyal ... ... ... For the Petitioner Mr. Ranabir Roy Chowdhury Mr. Mainak Gupta ... ...For the State Petitioner seeks bail.

Learned advocate appearing for the petitioner submits that the petitioner has been falsely implicated. Learned advocate appearing for the State opposes the prayer for bail and submits commercial quantity of narcotic was seized from the possession of the petitioner. Considering the fact that the commercial quantity of narcotic was seized from the possession of the petitioner in the present case and considering the involvement of the petitioner herein as appearing from the materials on record, we are of the view that the petitioner is unable to rebut the presumption under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985. Consequently, we are not inclined to grant bail to the petitioner.

Prayer for bail is rejected.

CRM (NDPS) 48 of 2022 is dismissed.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)