Sajib Biswas @ Sanjit v. State Of West Bengal And ORS.

31.03.2022 Serial no.43 [Dd] (Bail Rejected) CRM 1108 of 2021 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Chinsurah Police Station Case No. 233 of 2020 dated 19.08.2020, NDPS 44 of 2020 under Section 21(C) of the NDPS Act.

-AndIn the matter of : Sanjib Biswas @ Sanjit ... ...Petitioner Mr. Sekhar Basu, Learned Senior Advocate Mr. Narayan Debnath, Mr. Abhishek Choudhury, Advocates ... ... For the Petitioner Mr. Sanjoy Bardhan, Ms. Manisha Sharma, Advocates ... ...For the State Petitioner seeks bail.

Learned senior advocate appearing for the petitioner refers to the first information report. He submits that the police personnel who is stated in the first information report to have seized the articles did not sign the seizure list and was not even present at the spot.

Learned advocate appearing for the State submits that the seizure list was signed by the petitioner. Commercial quantity of narcotic was seized from the petitioner. There are criminal antecedents of the petitioner with regard to narcotics itself.

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. The

contention of the petitioner with regard to the validity of the seizure should be decided at the trial, if raised. In the circumstances, we are not inclined to grant bail to the petitioner.

Prayer for bail of the petitioner is rejected. CRM 1108 of 2021 is dismissed.

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