Raja Ghosh @ Tanmoy Ghosh v. State Of West Bengal

11.04.2022 Serial no.106 Aloke Ct. No. 29 CRM (NDPS) 227 of 2022 In re : An Application for bail under Section 439 of the Code of Criminal Procedure filed on 18.02.2022 in connection with English Bazar P.S. Case No. 454 of 2021 13.04.2021 under Sections 21(C) of the NDPS Act.

-AndIn the matter of: Raja Ghosh alias Tanmoy Ghosh ... ...Petitioner Mr. Sandipan Ganguly, Advocate Mr. Md. Ali Imrohi, Advocate Ms. Jahanara Begum, Advocate Mr. Ashis Kr. Datta, Advocate Mr. B. Sk., Advocate Mr. Kausik Samanta, Advocate ... ... For the Petitioner Mr. Saswata Gopal Mukherjee, ld. PP Mr. Ranadeb Sengupta, Advocate ... ... For the State Petitioner prays for bail.

Learned Advocate appearing for the petitioner submits that initially the seizure was in respect of brown sugar. He refers to the Central Forensic Examination's report and submits that about four materials were noted. However, only one of them is a narcotic within the meaning of the Act of 1985.

Learned Advocate appearing for the State draws the attention to the materials in the case diary. Considering the fact that commercial quantity of narcotic was seized from the possession of the petitioner and considering the report of the Central Forensic Examination report, we are of the view that the petitioner is unable to overcome restrictions under Sections 37 of the NDPS Act, 1985. Consequently, we are unable o grant bail to the petitioner.

CRM (NDPS) 227 of 2022 is rejected (Debangsu Basak, J.) (Bibhas Ranjan De, J.)