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Calcutta High CourtCRM (NDPS)/130/2022dismissed

Sanjay Sriwastava And ANR v. State Of West Bengal

2022-02-07Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

07.02.2022 Sl. 44 Court No.29 suvayan (Rejected) C.R.M. (NDPS) 130 of 2022 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed on 27.01.2022 in connection with NDPS Case No. 39 of 2021 dated 23/11/2021 passed by the Ld. Judge Bench - I (NDPS Act), Calcutta under Sections 20(b)(ii)(c)/29 of the Narcotic Drugs and Psychotropic Substances Act.

And In the matter of: Sanjay Sriwastava & Anr.

....petitioners.

Ms. Priyanka Mondal ...for the petitioners.

Mr. Sanjoy Bardhan Mr. Palash Chandra Majhi ...for the State.

Petitioners seek bail.

Considering the fact that commercial quantity of narcotic was seized from the joint possession of the petitioners, we are of the view that the petitioners are unable to overcome the restrictions under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985. In such circumstances, we are unable to grant bail to the petitioners.

Accordingly, the prayers for bail of the petitioners are rejected. C.R.M. (NDPS) 130 of 2022 is dismissed.

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