Subrata Roy v. State Of West Bengal
02.03.2023 Ct. No. 29 CHC REJECTED C.R.M.(NDPS) 329 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Debra Police Station Case No. 244 of 2020 dated 09.06.2020 under Section 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985.
And In the matter of: Subrata Roy ...... petitioner Mr. Anil Kr. Chatterjee, Mr. Dinesh Persi (Pan) ....for the petitioner Mr. Sanjoy Bardhan, Mr. Palash Ch. Majhi ....for the State Report as called for by the order dated February 23, 2023 filed in Court be taken on record.
The report shows that, the petitioner obtained adjournments before the jurisdictional court. Commercial quantity of narcotic was seized from the vehicle in which, the petitioner was arrested. Conscious possession of the petitioner over the commercial quantity cannot be overlooked at this stage. In such circumstances, we are of the view that 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) 329 of 2023 is rejected.
(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)