Wazed Ali @ Dagor @ Wyajed Ali v. State Of West Bengal And ORS.

28.02.2022 Ct.29 RP 54 Rejected CRM (NDPS) 246 of 2022 In re: An application for bail under Section 439 of the Code of Criminal Procedure, 1973 in connection with Beldanga PS Case No.291 of 2021 dated 26.06.2021 under Section 22(C )/29 of NDPS Act. And In the matter of : Wazed Ali @ Dagor @ Wyajed Ali .... Petitioner Mr. Samiul Akhtar Munshi .... For the Petitioner Mr. Saryati Dutta .... For the State The petitioner seeks bail.

Learned advocate for the petitioner submits that no recovery of narcotic was made from the possession of the petitioner.

Learned advocate appearing for the State draws attention of the Court to the seizure list. He submits that commercial quantity of narcotics was seized from the joint possession of the petitioner along with another co-accused. Considering the fact that commercial quantity of narcotics was recovered from the joint possession of the petitioner along with another co-accused, we are of the view that the petitioner is unable to overcome the restrictions under Section 37 of NDPS Act. Consequently, we are unable to grant bail to the petitioner. The prayer for bail is rejected.

CRM (NDPS) 246 of 2022 is disposed of.

(Debangsu Basak, J.)

(Bibhas Ranjan De, J.)