Asraf Sk v. State Of West Bengal

31.01.2022 Sl. 54 Court No.29 suvayan (Rejected) C.R.M. (NDPS) 95 of 2022 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed on 19.01.2022 in connection with Katwa P.S. Case No. 489 of 2018 dated 14/09/2018 under Sections 21(C)/29 of the Narcotic Drugs and Psychotropic Substances Act, arising out of NDPS Case No.54 of 2018 And In the matter of: Asraf Sk.

....petitioner.

Mr. Subrata Bhattacharjya ...for the petitioner.

Mr. Sanjoy Bardhan Ms. Baishakhi Chatterjee ...for the State.

None appears for the petitioner.

Learned Advocate appearing for the State submits that earlier application for bail was rejected on January 4, 2022. He draws the attention of the Court to the seizure list in relation to the petitioner. Considering the role of the petitioner in the incident and considering the observation made by the co-ordinate Bench on March 16, 2021 in CRM 8519 of 2020 in relation to the petitioner as to his role in the incident and considering the fact that there is hardly any change in circumstances subsequent to the order dated January 4, 2022, we are of the view that the petitioner is unable to overcome the restrictions under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

We are unable to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is rejected. C.R.M. (NDPS) 95 of 2022 is dismissed.

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