Subhas Roy @ Natto v. State Of West Bengal

16.02.2023 sdas rejected C.R.M. (NDPS) No. 268 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Amdanga Police Station Case No. 599 dated 24.11.2021 under Sections 20(b)(ii)(c ) of the NDPS Act.

And In Re : Subhas Roy @ Natto ..... petitioner Mr. Kamalesh Chandra Saha ... for the petitioner Mr. Swapan Banerjee Mr. Suman De ... for the State Learned Counsel for the petitioner submits he is in custody for 500 days. It is also submitted that there is no independent witness to the seizure. He prays for bail. Learned Counsel for the State opposes the prayer for bail.

We have considered the materials on record. Statements of the witnesses and seizure memorandum show recovery of 201kgs. of ganja from a vehicle. Petitioner was present in the vehicle. These materials prima facie establish the ingredients of the offence against the petitioner. Trial has already commenced. Under such circumstances and in view of statutory restrictions under Section 37 of the NDPS Act, we are not inclined to grant bail to the petitioner.

The application for bail is, thus, rejected.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)