Goutam Hazra @ Takla v. State Of West Bengal

16.03.2022 Serial no.46 Aloke Ct. No. 29 CRM (NDPS) 261 of 2022 In re : An Application for bail under Section 439 of the Code of Criminal Procedure filed on 01.03.2022 in connection with Baguiati P.S. Case No. 451 of 2021 dated 18.08.2021 under Sections 21(C) of the NDPS Act.

-AndIn the matter of : Goutam Hazra alias Takla ... ...Petitioner Mr. Angshuman Chakraborty, Advocate Mr. S.S. Saha, Advocate ... ... For the Petitioner Mr. Neguives Ahmed, ld. APP Ms. Trina Mitra, Advocate ... ... For the State Petitioner seeks bail.

The application is taken up for consideration subsequent to the order dated March 8, 2022.

The learned Additional Public Prosecutor appearing for the State submits that the chemical examiner's report was subsequently submitted before the jurisdictional Court by way of supplementary charge-sheet. He submits that the report is positive so far as the narcotic is concerned. Considering the fact that commercial quantity of narcotic was seized from the possession of the petitioner, 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.

CRM (NDPS) 261 of 2022 is rejected.

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