Rebu Sekh And ANR v. State Of West Bengal

CRM(NDPS) No.154 of 2022 Via video conference 25.02.22 (S.R.) Sl.32 Ct.32 In re: An application for bail under Section 439 of the Code of Criminal Procedure filed in connection with Jalangi Police Station Case No.350 of 2021 dated 10/12/2021 under Sections 20(b)(ii)(B)/29 of the NDPS Act;

And In re: Rebu Shekh & Anr.

... petitioners.

Ms. Minoti Gomes ... for the petitioners.

Mr. Swapan Banerjee Ms. Purnima Ghosh ...for the State.

Heard the learned advocates appearing for the respective parties and considered the materials in the case diary. It appears that 10.5 kgs of ganja was recovered from the exclusive possession of the petitioner no.1. There had been a further recovery of 10 kgs of ganja from the cow shed of the petitioner no.2, on the basis of his leading statement.

In view thereof, as there had been recovery of contraband substance above commercial quantity, the statutory restrictions are attracted and as such, we are not inclined to exercise discretion in favour of the petitioners and their prayer for bail is refused at this stage.

The application for bail being CRM(NDPS) No.154 of 2022 is, accordingly, dismissed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Sugato Majumdar, J.) (Tapabrata Chakraborty, J.)