Achinta Mandal v. State Of West Bengal

25.01.2024 sdas rejected C.R.M.(NDPS) No. 166 of 2024 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Kaliachak Police Station Case No. 436 of 2022 dated 01.05.2022 under Sections 21(c )/25/29 of the NDPS Act.

And In Re : Achinta Mandal .... petitioner Mr. Arup Kumar Bhowmick ....for the petitioner Mr. Avishek Sinha ... for the State 1.

Learned Counsel for the petitioner submits he is in custody for four months. It is also submitted he was not arrested at the spot. Accordingly, he prays for bail. 2.

Learned Counsel for the State opposes the prayer for bail and submits petitioner is owner of the vehicle i.e. toto from where narcotics was recovered. He does not stand on the same footing with co-accused, Morjem Sk. @ Marjen who has been enlarged on bail.

3.

We have considered the materials on record.

Statements of the witnesses show petitioner is the owner of the vehicle from which narcotics above commercial quantity i.e. 600 bottles of Phensedyl Syrup containing codeine phosphate were recovered. Petitioner had fled from the spot. He does not stand on the same footing with co-accused who has been enlarged on bail. Under such circumstances and in view of statutory

restrictions under Section 37 of the NDPS Act we are not inclined to grant bail to the petitioner.

4. Application for bail is, thus, rejected. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)