Mansur Ali v. State Of West Bengal

07.04.2022 Serial no.31 [Dd] (Bail Rejected) CRM (NDPS) 354 of 2022 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Kaliyaganj Police Station Case No. 360 of 2021 dated 23.04.2021 under Sections 21, 22 & 23 of the Narcotic Drugs and Psychotropic Substances Act, 1985 Spl. NDPS Case No. 49 of 2021.

-AndIn the matter of : Mansur Ali ... ...Petitioner Mr. Kushal Paul, Advocate ... ... For the Petitioner Mr. Ranadeb Sengupta, Advocate ... ...For the State Petitioner seeks bail.

Learned advocate appearing for the petitioner submits that the trial is in progress. The seizure list witness, according to him, did not establish the seizures made.

Learned advocate appearing for the State refers to the materials in the case diary.

Commercial quantity of narcotic was recovered from the joint possession of the petitioner. The trial is in progress. Consequently, we are of the view that the petitioner is unable to overcome the restrictions under Section 37 of the NDPS Act, 1985. The evidentiary value of the evidence of the seizure witnesses are to be evaluated at the trial.

In the circumstances, we are not inclined to grant bail to the petitioner.

Prayer for bail of the petitioner is rejected. CRM (NDPS) 354 of 2022 is dismissed.

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