Ranjit Das v. State Of West Bengal
11.04.2022 Ct. No. 29 KAUSHIK REJECTED C.R.M. (NDPS) 210 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Belgharia Police Station Case No. 254 of 2021 dated 10.04.2021 under Sections 20(b)(ii)(c)/ 29 of the Narcotic Drugs and Psychotropic Substances Act.
And In Re : Ranjit Das ...... petitioner Mr. Subhasish Pachhal ....for the petitioner Mr. Ranadeb Sengupta ....for the State Report as called for filed in Court be taken on record. Petitioner prays for bail.
Learned advocate appearing for the petitioner submits that, two other co-accused were enlarged on bail by the Special Judge on June 14, 2021. He relies upon such order. Learned advocate appearing for the State draws the attention of the Court to the seizure list. He submits that, commercial quantity of narcotic was seized from the petitioner along with Milon Das and Asish Bairagya.
The order, which the petitioner relies upon of the Special Judge is dated June 14, 2021 and is in respect of Amit Kumar Singh and Aswini Kumar. Apparently, no recovery was made from them.
Since 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 NDPS Act, 1985. Consequently, we are unable to grant bail to the petitioner.
In such circumstances, prayer for bail of the petitioner is rejected and the application being CRM (NDPS) 210 of 2022 is dismissed.
(Debangsu Basak, J.) (Bibhas Ranjan De, J.)