Mobarak Sk. v. State Of West Bengal

18.02.2022 Serial no.28 Aloke Ct. No. 29 CRM (NDPS) 175 of 2022 In re : An Application for bail under Section 439 of the Code of Criminal Procedure filed on 04.02.2022 in connection with Karandighi P.S. Case No. 05 of 2021 dated 04.01.2021 under Sections 21(c)/29 of the NDPS Act.

-AndIn the matter of : Mobarak Sekh ... ...Petitioner Mr. Arup Kr. Bhowmick, Advocate ... ... For the Petitioner Mr. Ranabir Ray Chowdhury, Advocate Mr. Mainak Gupta, Advocate ... ... For the State Petition is taken up for consideration subsequent to the order dated February 10, 2022.

Learned Advocate appearing for the State submits that the police filed the chemical examination report with the jurisdictional Court by way of a supplementary charge-sheet and that the date for recording of evidence was fixed by the jurisdictional Court.

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 unable to grant bail to the petitioner. CRM (NDPS) 175 of 2022 is rejected.

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