Samad Sk v. State Of West Bengal

30.03.2022 Serial no. 52 Aloke Ct. No. 29 CRM (NDPS) 313 of 2022 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Mongolkote P.S. Case No. 113 of 2020 dated 13.05.2020 under Sections 21(C) of the NDPS Act.

-AndIn the matter of : Samad Sk.

...Petitioner

Mr. Siddhartha Sankar Mandal, Advocate Ms. Arunima Das Sharma, Advocate ... ... For the Petitioner Mr. Sanjay Bardhan, Advocate Mr. Nirupam Dhali, Advocates ... ...For the State Petitioner prays for bail.

Considering the fact that there is hardly any material change in circumstances subsequent to the earlier order of rejection and considering the fact that commercial quantity of narcotic was recovered from the exclusive 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) 313 of 2022 is rejected.

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