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Calcutta High CourtCRM (NDPS)/91/2022dismissed

Kawsar Sekh v. State Of West Bengal

2022-01-28Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De1 pages

28.01.2022 Serial no.106 Aloke (Through Video Conference) Ct. No. 29 CRM (NDPS) 91 of 2022 In re : An Application for bail under Section 439 of the Code of Criminal Procedure filed on 26.10.2021 in connection with Kaliganj Police Station Case No. 363 of 2018 dated 17.12.2018 under Sections 21 (c)/29 of the NDPS Act.

-AndIn the matter of : Kawsar Sekh ... ...Petitioner Mr. Prabir Majumder, Advocate ... ... For the Petitioner Mr. Binay Panda, Advocate Mr. Subham Bhakat, Advocate ... ... For the State Petitioner renews the prayer for bail.

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

Learned Advocate appearing for the State submits that commercial quantity of narcotic was seized from the possession of the petitioner. Moreover there is hardly any change in circumstances since the earlier order of rejection of the prayer for bail. 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.

Consequently, CRM (NDPS) 91 of 2022 is rejected. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)