Om Narayan Gupta v. State Of West Bengal

22.02.2024 sdas rejected C.R.M.(NDPS) No. 350 of 2024 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Gazole Police Station Case No. 720 of 2022 dated 04.09.2022 under Sections 8A(c)/27B of the NDPS Act.

And In Re : Om Narayan Gupta .... Petitioner Mr. Kaushik Choudhury Ms. Busra Khatun ....for the petitioner Mr. Binay Kumar Panda, learned APP Mr. S. S. Saha ...... for the State

1. Learned Counsel for the petitioner submits no narcotics was recovered from his possession. He is in custody for one year and five months. Co-accused Jay Prokash Saha was enlarged on bail. Accordingly, he prays for bail.

2. Learned Counsel for the State opposes the prayer for bail and submits narcotics was recovered from the petitioner.

Prosecution was instituted against him by NCB as well as State.

3. We have considered the materials on record. Narcotics was recovered from the petitioner. Prosecution was initiated against him by NCB. Aforesaid facts show his involvement in dealing in narcotics. He does not stand on the same footing with Jay Prokash who has been enlarged on bail. Under such circumstances, we are not inclined to grant bail to the petitioner.

4. The application for bail is, thus, rejected. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)