Jayanta Biswas And ANR v. State Of West Bengal

01.02.2022 Serial no. 28 Dd (Through Video Conference) CRM(NDPS) 93 of 2022 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Krishnaganj Police Station Case No. 156 of 2020 dated 27.07.2020 (Corresponding to NDPS case No. 50/2020) under Section 21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

-AndIn the matter of : Jayanta Biswas & Anr. ... ...Petitioners Ms. Rajnandini Das, Mr. Kalyan Kumar Bhattacharjee, Advocates ... ... For the Petitioners Mr. Sanjoy Bardhan, Mr. Palash Chandra Maghi, Advocates ... ...For the State Petitioners seek bail.

Learned advocate appearing for the petitioners submits that one of the co-accused namely Monoj Agarwalla @ Pappu Agarwalla @ Pappu Agarwal was granted bail by the co-ordinate Bench in CRM 3786 of 2021 dated July 27, 2021 and Dhirendranath Chakraborty was granted bail by another co-ordinate Bench in CRM 5984 of 2021 dated September 23, 2021.

Learned advocate appearing for the State submits that the two co-accused who were granted bail by the coordinate Bench do not stand in the same footing as that of the petitioners. Commercial quantity of narcotics was recovered from the joint possession of the petitioners along with others.

It appears from the records that Monoj Agarwalla @ Pappu Agarwalla @ Pappu Agarwal was granted bail after returning a finding that no narcotic substance was recovered from him and that his name transpired from the statements of a co-accused made before the police. Dhirendranath Chakraborty was granted bail again on the ground that there was no mention of his name in the seizure list. In the facts of the present case, the seizure list names the two petitioners before us along with others. Commercial quantity of narcotic was seized from the joint possession of the petitioners along with two other persons. Consequently we are of the view that the petitioners do not stand in the same footing as the two other coaccused who were granted bail by the co-ordinate Bench. Since the petitioners are unable to over the restrictions under Section 37 of the NDPS Act, 1985, we are not inclined to grant bail to the petitioners.

Prayer for bail is rejected.

CRM(NDPS) 93 of 2022 is dismissed.

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