Milan Chaki @ Meru v. Narcotics Control Bureau Kolkata Zonal Unit

31.03.2022 Serial no.97 [Dd] (Bail Rejected) CRM (NDPS) 111 of 2022 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with N-66 of 2020 arising out of NCB Crime No. 20 of 2020 dated 24.09.2020 under Sections 20(b)(ii)(c) and 29 of the NDPS Act 1985.

-AndIn the matter of : Milan Chaki @ Meru ... ...Petitioner Mr. Biswajit Hazra, Md. Jannat Ul Firdous, Advocates ... ... For the Petitioner Mr. Y. J. Dastoor, ld. ASG Mr. Amajit De, Advocates ... ...For the NCB Petitioner seeks bail.

Learned advocate appearing for the petitioner submits that nothing was recovered from the possession of the petitioner. The petitioner is in custody in excess of 300 days.

Learned Additional Solicitor General submits that commercial quantity of narcotic was seized from the house belonging to the petitioner. The petitioner fled away. The narcotic Control Bureau subsequently recovered that the petitioner was in custody in connection with another narcotic case.

Considering the fact that commercial quantity of narcotic was recovered from the house belonging to 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 of the petitioner is rejected. CRM (NDPS) 111 of 2022 is dismissed.

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