Uttam Banik v. State Of West Bengal

22.03.2022 Serial no.47 [Dd] (Bail Rejected) CRM (NDPS) 302 of 2022 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Ashoknagar Police Station Case No. 582 of 2021 dated 05.08.2021 under Sections 21(C)/29 of the Narcotic Drugs and Psychotropic Substances Act -AndIn the matter of : Uttam Banik ... ...Petitioner Mr. Sourav Chatterjee, Mr. Aditya Tiwari Mr. Gopal Das, Advocates ... ... For the Petitioner Mr. Sanjoy Bardhan, Ms. Baishaki Chatterjee, Advocates ... ...For the State Petitioner seeks bail.

Learned advocate appearing for the petitioner draws the attention of the Court to the seizure list. He submits that he was inadvertently present at the site when the seizure took place. Learned advocate appearing for the State submits that the police seized the commercial quantity of narcotic from the joint possession of the petitioner. The police filed charge sheet. Considering the fact that commercial quantity of narcotic was seized from the joint possession of the petitioner, we are of the view that the petitioner is unable to overcome the restrictions under Section 37 of the N.D.P.S. Act, 1985.

Consequently, we are not inclined to grant bail to the petitioner.

Prayer for bail of the petitioner is rejected. CRM (NDPS) 302 of 2022 is dismissed.

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