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Calcutta High CourtCRM (NDPS)/131/2022dismissed

Sanjeet Adhikari Alias Sanjeet Adhikary v. State Of West Bengal

2022-02-02Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De1 pages

02.02.2022 Serial no. 57 Dd CRM (NDPS) 131 of 2022 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Katwa Police Station Case No. 48 of 2019 dated 29.01.2019 under Sections 21(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. Charge sheet no. 139 of 2019 dated 23.05.2019 under Section 21(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

-AndIn the matter of : Sri Sanjeet Adhikari @ Sanjeet Adhikary ... ...Petitioner Mr. Sanjib Seth, Advocate ... ... For the Petitioner Mr. Neguive Ahmed, ld. APP Ms. Amita Gaur, Advocates ... ...For the State Petitioner renews the prayer for bail.

Learned advocate appearing for the petitioner submits that the petitioner is in custody in excess of 1084 days. The police filed charge sheet. He contends that seizure list does not contain any specific quantity of seizure.

Learned Additional Public Prosecutor submits that 1550 ml. of narcotic was seized from the possession of the petitioner. He submits that the trial is in progress.

Considering the fact that commercial quantity of narcotic was seized from the possession of 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. Moreover there is hardly any change in circumstances subsequent to the earlier order of rejection. Prayer for bail is rejected.

CRM (NDPS) 131 of 2022 is dismissed.

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