Firoj Kamal @ Kathu @ Potu v. State Of West Bengal

C.R.M.(NDPS) 147 of 2022 (AD) 03.02.2022 Court No.29 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Bhagwangola P.S. Case No.416 of 2021 dated 04/09/2021 under Sections 21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (corresponding to NDPS Case No.188 of 2021).

And (Rejected) In the matter of: Firoj Kamal @ Kathu @ Potu ....petitioner.

Mr. Ali Ahsan Alamgir Ms. Riya Das Ms. Rabia Khatoon ...for the petitioner.

Mr. Saibal Bapuli, Ld.APP Mr4. Bibaswan Bhattacharya ... for the State.

Petitioner seeks Bail.

Learned Advocate appearing for the petitioner submits that the petitioner is in custody for 135 days. The petitioner is sought to be proceeded against on the basis of the statement of the co-accused while in custody.

Learned Advocate appearing for the State submits that the principal accused was arrested along with commercial quantity of narcotics. From his statement, the petitioner was arrested. The petitioner made a leading statement on the basis of which further recovery of narcotics was made. Considering the fact that the narcotics was recovered from the possession of the petitioner in the manner as noted above, 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 unable to grant bail to the petitioner.

Accordingly, the prayer for bail of the petitioner is rejected.

C.R.M.(NDPS) 147 of 2022 is dismissed.

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