Swapan Mandal v. The State Of West Bengal

14.02.2022 Sl. 38 Court No.29 suvayan (rejected) C.R.M. (NDPS) 187 of 2022 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed on 09.02.2022 in connection with Digha (Excise) SL No. 178 of 2021 dated 11/03/2021 under Section 8(c) and Section 20(b)(ii) of the Narcotic Drugs and Psychotropic Substances Act.

And In the matter of: Swapan Mandal ....petitioner.

Mr. Sudip Ghosh Mr. Apurba Kr. Datta ...for the State.

None appears for the petitioner even in second call. Learned Advocate appearing for the State submits that there is a previous order of rejection and there is hardly any change in circumstances subsequent thereto.

Considering the fact that commercial quantity of narcotic was seized from the joint possession of the petitioner, we are of the view that the petitioner is unable to overcome the restrictions under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985. Moreover, there is hardly any change in circumstances subsequent to the earlier order of rejection.

Consequently, we are unable to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is rejected. C.R.M. (NDPS) 187 of 2022 is dismissed.

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