Kartick Biswas @ Kartik Biswas And ANR. v. State Of West Bengal

17.01.2024 Sl. No.18 akd [Rejected] C. R. M. (NDPS) 105 of 2024 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 19.12.2023 in connection with Bongaon Police Station Case No.825 of 2022 dated 06.08.2022 under Sections 21(c)/27A/29 of the NDPS Act. (NDPS Case No.304 of 2015) And In Re: Kartick Biswas @ Kartik Biswas & Anr.

... ... Petitioners Mr. Angshuman Chakraborty Mr. Shashanka Shekhar Saha ... ... for the petitioners Mr. Sujan Chatterjee ... ... for the State

1. It is submitted on behalf of the petitioners that they are in custody for about one year and six months. Accordingly, they pray for bail.

2. Learned Advocate for the State opposes the prayer for bail and submits bail prayer of co-accused was rejected earlier.

3. We have considered the materials on record. Bail prayer of coaccused viz. Apu Chakraborty was rejected earlier. Petitioners and the said Apu Chakraborty were present in the truck wherefrom narcotics above commercial quantity was recovered. They stand on the same footing with co-accused whose bail had been rejected earlier. Under such circumstances and in view of the statutory restrictions under Section 37 of the NDPS Act, we are not inclined to grant bail to the petitioners.

4. The application for bail is thus rejected. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)