Abbas Ali Sheik Alias Sekh v. State Of West Bengal

28.01.2022 Serial no. 83 Dd (Through Video Conference) CRM(NDPS) 68 of 2022 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Hili Police Station Case No. of dated 02.12.2021 under Sections 21(C)/22(C)/23(C)/27A of the Narcotic Drugs and Psychotropic Substances Act, (Special Case No. 107 of 2020) -AndIn the matter of : Abbas Ali Sheik @ Sekh ... ...Petitioner Ms. Busra Khatun, Advocate ... ... For the Petitioner Mr. Sanjoy Bardhan, Mr. Palash Chandra Maji, Advocates ... ...For the State Petitioner seeks bail.

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

Learned advocate appearing for the State submits that commercial quantity of narcotic was seized from the possession of the petitioner. The investigations are yet to be concluded. Learned advocate for the State further points out that there is a criminal antecedent of the petitioner being involved in a case under the NDPS Act, 1985. Considering the fact that commercial quantity of narcotic was seized from the possession of the petitioner and considering the fact that there is a past criminal antecedent of the petitioner, we are of the view that the

petitioner is unable to overcome the restrictions under Section 37 of the NDPS Act, 1985.

Consequently, we are not inclined to grant bail to the petitioner.

Prayer for bail is rejected.

CRM(NDPS) 68 of 2022 is dismissed.

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