Calcutta High CourtCRM (NDPS)/251/2022dismissed

Farman Sk v. State Of West Bengal

2022-03-08Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De3 pages

C.R.M. (NDPS) 251 of 2022 08.03.2022 Sl. 43 Court No.29 sourav (Rejected) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed on 25.02.2022 in connection with Chakulia P.S. Case No. 260 of 2021 dated 02.09.2021 under Sections 21(c) of the NDPS Act.

And In the matter of: Farman Sk.

....petitioner.

Mr. Sekhar Kumar Basu, Sr. Advocate Mr. Soubhik Mitter Ms. Rajnandini Das Ms. Arushi Rathore Mr. Karan Bapuli Mr. Abhishek Prasad ...for the petitioner.

Mr. Ranabir Roy Chowdhury Mr. Mainak Gupta ...for the State.

Petitioner seeks bail.

Learned senior advocate appearing for the petitioner submits that no narcotics was recovered from the possession of the petitioner. The petitioner is sought to be proceeded against on the basis of the confessional statement made by the petitioner while in custody. He refers to the charge-sheet. He submits that there is no nexus between the petitioner and the person who was arrested with the commercial quantity of narcotics. Learned advocate appearing for the State submits that the person who was arrested with the commercial quantity of narcotics and the petitioner were in conversation with each other through Whatsapp as well as on phone. He refers to the Whatsapp chat messages exchanged between the petitioner and such co-accused. He refers to the call details recording of the two mobile phone numbers.

Considering the fact that there is a nexus between the petitioner and the co-accused who was arrested with commercial

quantity of narcotics as transpiring from the Whatsapp messages exchanged between them and the call record details between the petitioner and the person arrested with commercial quantity of narcotics, 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.

Accordingly, the prayer for bail of the petitioner is rejected.

C.R.M. (NDPS) 251 of 2022 is dismissed.

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