Paban Mondal v. State Of West Bengal

28.01.2022 Serial no. 79 Dd (Through Video Conference) CRM(NDPS) 65 of 2022 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Balurghat Police Station Case No. 491 of 2020 dated 09.12.2020 under Sections 411/414/188/224 of the Indian Penal Code read with Sections 21(C)/22(C)/23(C)/25/27A/28/29 of the Narcotic Drugs and Psychotropic Substances Act, and Sections 11(1)(d)/(e)/(f) of Prevention of Cruelty of the Animals Act (Special Case no. 88 of 2020).

-AndIn the matter of : Paban Mondal ... ...Petitioner Ms. Busra Khatun, Advocate ... ... For the Petitioner Mr. Sanjoy Bardhan, Mr. Nirupam Dhali, Advocates ... ...For the State Petitioner renews the prayer for bail.

Learned advocate appearing for the petitioner submits that considering the period of detention, prayer for bail should be granted.

Learned advocate appearing for the State submits that commercial quantity of narcotic was seized form the possession of the petitioner. The other co-accused are absconding. The police filed charge sheet along with chemical report.

This is the third application for grant of bail. Two previous applications were rejected. Considering the fact that commercial quantity of narcotic was seized from the possession of the petitioner, we are of the view that the

petitioner is unable to overcome the restrictions under Section 37 of the NDPS Act. There is hardly any change in circumstances subsequent to the earlier order of rejection. Consequently, we are not inclined to grant bail to the petitioner.

Prayer for bail is rejected.

CRM(NDPS) 65 of 2022 is dismissed.

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