Ganesh Ray v. State Of West Bengal

C.R.M. (NDPS) 256 of 2022 07.03.2022 Sl. 47 Court No.29 sourav (Rejected) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed on 22.02.2022 in connection with South Port P.S. Case No. 128 of 2020 dated 16.09.2020 under Sections 20(b)(ii)(c)/29 of the NDPS Act.

And In the matter of: Ganesh Ray ....petitioner.

Mr. Sk. Md. Ashik Iquebal ...for the petitioner.

Mr. Sanjoy Bardhan Ms. Baishakhi Chatterjee ...for the State.

Petitioner seeks bail.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for 539 days. The petitioner was the driver of the vehicle from where the commercial quantity of narcotic was seized. The petitioner was mainly a hired driver. State is represented.

Considering the fact that commercial quantity of narcotic was recovered from the vehicle which the petitioner was driving, we are of the view that the petitioner is unable to overcome the restrictions under Section 37 of the NDPS Act, 1985. Accordingly, the prayer for bail of the petitioner is rejected.

C.R.M. (NDPS) 256 of 2022 is dismissed.

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